Sites Covered: www.tranzfanz.com
Last Updated: 05.05.2020
This Agreement contains disclaimers of warranties, limitations on liability, releases, a class-action waiver, and the requirement to mediate and arbitrate all claims that may arise under this Agreement. These provisions are an essential basis of this Agreement. We ask that you pay special attention to the following provisions: (1) acceptable use policy (section 11); (2) warrant (section 16); (3) limitation of liability and exclusion of damages (section 18); and (4) dispute resolution (section 24).
You shall not seek to avoid acceptance or rejection of our online agreements. If you do not want to accept the terms of this Agreement, you must leave the Website immediately. Browsers of the Website who have not signed up for an account are bound by these terms if they have viewed the Website and continue to access or navigate the Website. If you violate any of the terms of this Agreement, we will cancel your registration to the Website, and may pursue additional legal remedies. We may revise this Agreement on one or more occasions by updating this webpage as discussed below in Section 28. We will deem your continued use of the Website after we post the changes as your acceptance of the changes. If you do not agree to any future changes, please delete your account and cease accessing or using the Services.
No Illegal Services. The promotion or solicitation of illegal services is contrary to the purposes of the Website and will not be tolerated in any fashion. Promoting or offering illegal services in connection with this Website is strictly prohibited. Any user that utilizes the Website for the promotion of illegal services in any way will be removed from the Website immediately. This includes the use of hyperlinks to external websites promoting illegal services. Be aware that we have a zero-tolerance policy for any abuse of our Website for prostitution or sex trafficking. Any such action will be reported to the appropriate authorities.
Description of Service; Age of Majority; and Disclosures
This Website provides online interactive video, audio, and text content, primarily posted by third parties, that can be adult-oriented in nature. By accessing this Website, you may be exposed to adult-oriented text or imagery. While some areas of the Website may be available free of charge, a membership is required to access most of the Services.
By accessing the Website, you certify to us that:
· You (1) are at least eighteen (18) years old, (2) have reached the age of majority in your jurisdiction, and (3) that you have the legal capacity to agree to these terms and enter into this Agreement;
· You are aware of the adult-oriented nature of the content provided on the Website and that you are not offended by this content;
· You are familiar with your jurisdiction’s laws affecting your right to access adult-oriented materials;
· You have the legal right to access adult-oriented materials and we have the legal right to transmit them to you;
· You will not share these materials with a minor, access this Website in the presence of a minor, or otherwise make these materials available to a minor; and
· All information you provided to us is accurate and current. You will promptly update this information when necessary to ensure that it remains true. You acknowledge that you have the capacity to consent to these terms and to perform the acts required of you under this Agreement.
No Underage Content or Exploitation of Minors
Underage content is strictly prohibited. We take a strong and definite stand against any content depicting minors and only permit visual media of consenting adults for consenting adults. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please immediately report this to us. Please include with your report all appropriate evidence, including the date and time. We will immediately investigate all reports and take appropriate action. We cooperate with any law enforcement agency investigating underage content. We operate as the provider of an interactive computer service. As such, we are generally not responsible for claims arising from the publication or transmission of content submitted by our users.
Limited License to Use the Website
We grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms. By “access,” we mean visit the Website, use its Services, and view its content. By “content,” we mean any materials, including text, communications, images, sounds, streams, videos, profiles, software, data, or other information. You must comply—and you agree to comply—with all applicable laws when accessing the Website. We reserve the right to change, limit, or cancel your access if you fail to comply with the terms of this Agreement.
You may only access the Website for your personal, noncommercial use. You will not use any content that you access on the Website for further distribution, performance, display, sale, resale, rental, lease, loan, or sublicense. You will not record any content or make any content available on any peer-to-peer network, file sharing service, or other system used for mass transmittal of digital material to others. You acknowledge that displaying content disseminated on this Website violates intellectual property laws, which carry substantial penalties and fines. Finally, you will not solicit any other users to use or participate in the services of any third-party website(s) providing the same or similar Services as this Website. Doing any of this may subject you to immediate civil and criminal liability.
User Accounts. You agree that all information provided in registering, or otherwise creating an account is true, accurate, current and complete. You also agree that you are responsible for maintaining the accuracy of such information for so long as you maintain such account. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to deny, suspend, or terminate your account and refuse any and all current or future use of the Website and Services by you, as well as to subject you to potential criminal and civil liability. 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 account as well as of any other breach of security.
There are two types of user accounts:
· Models. This term refers to any individual in the trans adult entertainment industry that creates an account to share content with Users. Models will receive compensation for the content they share on the Services according to the payout terms located here: https://www.tranzfanz.com/legal/tos#slide_tosupload
· Users. This term refers to any individual that is a fan of the trans adult entertainment industry that creates an account and purchases a subscription to access content provided by Models. Our Users are provided access to portions of the Services by paying a periodic fee (the “Subscription Fee”) that is calculated based on the length of the subscription (“Subscription Period”) chosen by You (the “Subscription Plan”). Available Subscription Plans to the Services are prominently displayed prior to Your registration thereto and are located here: https://www.tranzfanz.com/join. Users may also make additional purchases and/or upgrades as may be available from time to time.
All other persons that access the Website or use the Services without creating an account as a Model or User are “Browsers.”
Username and Password. To fully access the Website, you must register an account by creating a unique username and password. You must keep your username and password confidential; we will hold you responsible for all activity initiated under your account. You will not allow anyone under eighteen (18) years old, or who has not reached the age of majority in your jurisdiction, to use your credentials to access the Website. If we discover that you have done this, we may immediately cancel your access to the Website without advance notice. Please contact us immediately if you know or suspect that someone is using your username or password without your authorization. You will need to give us all the information you have about the unauthorized use and cooperate fully with us in investigating the matter. We may request that you adopt additional security procedures when accessing the Website in the future to prevent further unauthorized use.
No Account Sharing. Your account credentials are for your personal use only. You will not share access to your account with anyone else. We cannot allow multiple persons to use the same account, and the Website utilizes several techniques to detect such unauthorized account use. If we discover that multiple persons are using the password for a single account, we may suspend the relevant account, or otherwise block your access to the Website without notice. In appropriate cases, we may transmit new account credentials to you, unless we determine that you are responsible for the unauthorized sharing.
Unauthorized Access. We disclaim any and all liability arising from fraudulent entry and use of the Website. If a user account is accessed by fraudulent and/or unlawful means, the Website may terminate the associated account immediately within its discretion and take all necessary and appropriate actions under applicable law.
Your Right to Cancel. If you would like your account canceled, you may delete your account through the “My Account” page. If you need help or have any questions, please contact us via email at firstname.lastname@example.org and we will be happy to assist you.
Our Right to Cancel. We may cancel your account or suspend or terminate your access to the Website at any time, for any reason.
Charges to Your Account. You agree to pay any and all fees or account charges related to Your Account, including any and all fees or account charges related to your Subscription Plan or any other purchases and/or upgrades associated with Your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. If Your account remains unpaid for more than thirty (30) days after the invoice date, You agree to pay interest on the past due amount at a monthly rate of one and a half percent (1.5%), or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorneys’ fees. Your card issuer agreement may contain additional terms with respect to Your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of Your account.
Automatic Renewal. WE MAY UTILIZE AN AUTOMATIC REBILLING CYCLE IN ACCORDANCE WITH YOUR SELECTED PAYMENT METHOD AND/OR SUBSCRIPTION PLAN.
Third Party Payment Processing. We utilize various third-party payment processors and gateways, and We reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with the Website and/or Services. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
Changes to Your Billing Information. You must promptly inform our third-party billing agent of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing and/or payment for the Website and Services, if applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website and Services, as well as subjecting you to criminal and civil liability. You are responsible for any credit card charge backs, dishonored checks and any related fees that the Site incurs with respect to your account, along with any additional fees and/or penalties imposed by our third-party billing agent. If you fail to reimburse us for any credit card chargebacks, dishonored checks, or related fees within thirty (30) days of our initial demand for reimbursement, you agree that you will pay us one hundred dollars ($100) in additional liquidated damages as well as any costs incurred by us for each fee incurred.
Changes to Our Billing Methods. We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature(s) or service(s), with or without prior notice to you.
Refunds. You understand and agree that it is our standard policy that purchases and/or fees associated with your Subscription are final and nonrefundable at this time. We reserve the right to address any refund request in our sole discretion. PLEASE NOTE THAT CANCELATION OF A SUBSCRIPTION PLAN DURING THE COURSE OF THE SUBSCRIPTION PERIOD DOES NOT ENTITLE YOU TO A REFUND FOR THE REMAINDER OF THE SUBSCRIPTION PERIOD; YOU WILL CONTINUE TO HAVE ACCESS TO THE SITE AND SERVICES FOR THE REMAINDER OF THE CURRENT SUBSCRIPTION PERIOD.
Virtual Currency. We may permit or require members to pay for Services using one or more virtual currencies such as Bitcoin. Acceptance of such payment method is in our sole discretion and may be of limited duration. Any payment in virtual currency is irreversible. Refunds of virtual currency payments is also at our sole discretion, and, if allowed, may take the form of virtual currency transfer, or corresponding cash value of the requested refund, at our option. Additional administrative fees may accompany virtual currency transactions.
Billing Errors. If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in this Agreement.
Stolen Cards and Fraudulent Use of Credit Cards. We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
You may change your payment method in your account admin area. Simply go to your stats page and locate the "edit account preferences" link. Once you click that link, the system will bring up your current data. You may then modify your data and hit "save" at the bottom. No further action is required. Once you update it, the data is saved in the system.
Why We Take a Portion of the Profits. We believe in full transparency with our partners on this matter. We're all looking to make revenue, gain exposure, and bring new fans into the site. We want to help you, but to do this we must spend significant resources. From our share of the income, we may (1) pay a management and accounting team to ensure you get paid promptly and efficiently, (2) pay hosting and server fees to make the site as fast as possible, (3) provide twenty-four (24) hour customer service representatives, (4) pay banking and billing fees which can be over fifteen percent (15%) of the total sale, (5) pay a full marketing team who drive traffic to your content, assist you in making sales, and make unique graphics and logos to use on your social media, (6) pay DMCA officers that work to get your pirated content removed from tube or upload sites, and more. You can report pirated content at admin[at]tranzfanz[dot]com.
We appreciate and welcome any suggestions that you may have to improve the Website. You may send us any suggestions by contacting us. You agree that we can use any idea or suggestion you give to us royalty-free, worldwide, assignable, and in perpetuity without any attribution or compensation to you. We have no obligation to keep any suggestion you submit to us confidential, regardless of any contrary notations in transmissions to us.
This Website may contain links to other websites operated by other entities that are completely independent from us. These linked websites are not under our control and we are not responsible for their contents or links. Including a link on this Website does not imply our endorsement of any linked website or its contents. You assume the risk of accessing any third-party site that might be linked to the Website.
If you access any of these linked websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and subject to any user agreements or policies posted on or governing the use or access of such websites. We encourage you to review the user agreements and policies posted on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content or Services available on or through any linked website. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding the links, content, or services on those websites.
Intellectual Property Rights
We aggressively protect our intellectual property rights. We own or have the license/permission to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, audio clips, sounds, music, artwork, button icons, streaming data, animation, images, downloadable materials, data compilations, software, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on this Website and all such materials is protected by U.S. and international copyright and intellectual property laws. We retain all right, title, and interest in such materials and compilations thereof. You acknowledge that trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws, protect the Website and its content. Unless otherwise stated or the context otherwise requires, the following trademark information will apply:
· “TranzFanz” is our brand name and trademark. This Agreement does not include any license or rights to use our brand name(s) in any way that would infringe on our rights. Any unauthorized use of our trademarks, trade names, or service marks, will be pursued to the fullest extent of the law.
· Other parties’ 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 marks, logos, domains, and trademarks that you find on the Website 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.
You may only access the Website or its content according to these terms and any specialty content terms. You will not make any other use of the Website or its content, including by copying, modifying, accessing, or distributing any content. You will not reproduce, imitate, or use the Website’s content in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Website. If you do any of this, your actions may constitute an infringement of our rights or the rights of third parties and can result in termination of this Agreement.
We neither endorse nor recommend the owner of any third-party trademarks we display on the Website. In addition, our use of trademarks or links to websites owned by third parties does not imply, directly or indirectly, that those owners endorse or have any affiliation with this Website.
Notification of Copyright Infringement: We respect the intellectual property rights of all parties, and voluntarily comply with the Digital Millennium Copyright Act (“DMCA”). We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA. Copies of our policy relating to repeat infringement are available to You upon request. Information regarding submission of a notice of infringement under the DMCA can be found here: https://www.tranzfanz.com/legal/dmca.
Acceptable Use Policy
The Website is proud to offer a place where users can express their creativity and share content, but certain important rules must be respected, or users may face termination. You are entirely responsible and liable for all activities conducted through your account when interacting with others on the Website. Please use your best judgment and respect other individuals using the chat/interactive features of this Website. Remember, because of the anonymous nature of the Internet, participants may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. If we find out that you have engaged in any deceptive or fraudulent activity, we reserve the right to block you from accessing this Website and hold you responsible.
Prohibited Uses: The following are some—though not all—of the violations that may result in our terminating your access to the Website. While using the Website, You will not:
· use the Services for any unlawful purpose or in any way that is prohibited by this Agreement, engage in any activity that is violative of any applicable law or regulation of any applicable governmental body, nor fail to comply with orders, judgments, or mandates from courts of competent jurisdiction;
· post, upload, or share on the Website any content that violates or infringes any law, regulation, treaty, or third-party right, including any copyright, service mark, trademark, trade name, trade secret, confidentiality, privacy, or publicity rights, or any other intellectual property;
· post, upload, or share any content containing falsehoods or misrepresentations that could damage the Website or any third party;
· post, upload, or share any content that is unlawful, harmful, obscene, lewd, defamatory, libelous, inaccurate, likely to portray individuals in a “false light”, threatening, abusive, vulgar, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience; any content that is otherwise just plain nasty or objectionable, or constitutes or encourages violent conduct or conduct that would be considered a criminal offense, give rise to civil liability, violate any law; or any content that, in the Website’s sole discretion, is otherwise inappropriate;
· engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users;
· post, upload, or share any content depicting any person under eighteen (18) years old;
· post, upload, or share any content containing any individual who has not consented to that content being taken, captured, or otherwise memorialized;
· post, upload, or share any content containing any individual who has not consented to that content being posted, uploaded, or shared on the Services;
· post, upload, or share any content depicting any individual before first confirming, under penalty of perjury, that all individuals in that content have consented to the content being taken and posted on the Services;
· post, upload, or share any content that explicitly states, insinuates, or otherwise implies that any content on the Services was taken or posted without the consent of each and every individual in the content;
· post, upload, or share any content with the intent to extort money or other benefit from a third party in exchange for removal of the content;
· post, upload, or share any content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all subjects of your submissions are in fact eighteen (18) years of age or older, including a written consent or release of each identifiable person in the submission to use their name or likeness and to enable inclusion and use of the submission in the manner contemplated by the Website and these terms;
· post, upload, or share any content that depicts, advertises, or solicits (real or simulated) (i) sexual activity involving minors; (ii) incest; (iii) bestiality; (iv) violence, rape, lack of consent, force, fraud, coercion, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation; (v) necrophilia; (vi) urine, scatological, or excrement-related content; (vii)prostitution or human trafficking, whether explicitly or by use of any slang, acronyms, or abbreviations; (viii) “revenge porn” (as that term is commonly understood) (ix) illegal or illicit drugs; or (x) any other illegal behavior or conduct that may be considered obscene under applicable law;
· post, upload, or share any content that includes any Banned Word (as defined in Section 12) in the title and/or description;
· Attempt to bypass the word filter by using special characters or translations of any Banned Word in the title and/or description of the content you post, upload, or share;
· use emojis, GIFs, or other media to communicate any activity that violates this Agreement;
· post, upload, or share any content that promotes or encourages suicide or self-harm;
· post, upload, or share any unsolicited sexual content or content that sexually objectifies other users;
· post the same or similar content repetitively;
· post any employment ads or content which violate anti-discrimination laws;
· post, upload, or share any material that advertises off-Site commercial services;
· post, upload, or share any material that solicits in-person meetings between users, or offers to compensate travel expenses for such in-person meetings;
· impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity;
· use the Website for any purpose other than to access the Website as offered by the Website;
· circumvent, disable, damage, or otherwise interfere with the operations of the Website, any user’s enjoyment of the Website, or the Website’s security-related features or features that prevent, limit, or restrict the use or copying of any materials or content, or features that enforce limitations on the use of the Website or the content on it, by any means, including, but not limited to, posting, linking to, uploading or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
· use the Services for making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content;
· delete indications or notices regarding the copyright or other proprietary rights on the Services, or any third-party content, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
· make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users, including unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, information announcements, charity requests, and petitions for signatures;
· excessively post, upload, or share repetitive words, images, hashtags, or other content for the purpose of spamming or with the effect of spamming;
· use the Services for any illegal purpose or in violation of any local, state, national, or international law, including but not limited to laws prohibiting sex trafficking, laws prohibiting promotion or facilitation of prostitution, and/or laws governing intellectual property and other proprietary rights and data protection and privacy;
· post, display, collect, or attempt to collect, share, or reveal the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in this Agreement;
· reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation;
· access or use any automated process (such as a robot, spider, scraper, or similar) to access the Website in violation of the Website’s robot exclusion headers or to scrap all or a substantial part of the Website’s content (other than in connection with bona fide search engine indexing or as the Website may otherwise expressly permit);
· modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation;
· commercially exploit or make available the Services or the content therein to third parties including, but not limited to, any action or attempt to “frame” or “mirror” the Website;
· take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the Website’s technology infrastructure or otherwise make excessive demands on it; and
· attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Section 11(1)–11(37) are each individually referred to as a “Prohibited Use” and collectively referred to as the “Prohibited Uses.”
Engaging in any Prohibited Use will be considered a breach of this Agreement and may result in immediate suspension or termination of the user’s account and access to the Website or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates the terms of this Agreement and certain international, foreign, and domestic laws.
Banned Words List
You will not post, upload, or share any content that uses any Banned Word in the titles and/or descriptions of the content you post to the Services. You will not attempt to bypass the word filter by using special characters (ex: R*pe instead of Rape) or a translation of any Banned Word. Any violation of this rule will result in an immediate account suspension. Each of the following words is considered a “Banned Word.”
Platform Abuse: This Website operates as an interactive computer service platform and permits individuals to communicate with each other in various ways. As with any human interaction, some individuals may seek to abuse the Website, and its networking Services, to annoy, harass, defraud, or otherwise harm other users. We do not tolerate such abuse, and any user engaging in such conduct risks termination and potential civil or criminal liability. This notification shall serve as a warning to our users of the potential for misuse of our Services. We urge you to use common sense when interacting with individuals through the Website, and to report any instances of misconduct to customer support.
You warrant that You maintain written releases from any person depicted in any user submission, and that such submissions do not violate any rights of any third parties. Copies of any necessary releases, licenses, or ownership documents will be provided at our request.
You retain all ownership rights in your submissions. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions for the Website and our (and our successor’s) business, including for promoting and redistributing any part of the Website (and derivative works of it) in any media formats and through any media channels. This license shall include, but is not limited to, the right to copy and transfer your entire profile, or portions thereof, and all its content, including text, pictures, photographs, personal description, and any contact information, to any affiliate or related or partner sites of ours, and to post such content on different pages of the Website at our sole discretion. We shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by us in writing or required by law. You are solely responsible for your submissions and the consequences of posting them to the Website.
You understand that the content displayed on the Website is primarily posted by users, and that we are under no obligation to prescreen, review, or preemptively monitor the content. We expressly disclaim all liability for any user-generated content submitted to the Website. We do not endorse (expressly or implicitly) the opinions expressed in any user-generated content posted on this Website. Thus, you understand that when accessing the Website, you may be exposed to submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for these submissions. You further understand that you may be exposed to submissions that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure.
If you are aware of any information posted that violates this Agreement, please contact us. Please provide as much detail as possible, including a copy of the objectionable information or the location where we may find it, the reason we should remove it, and a statement certifying the accuracy of the information you provided to us.
We provide this Website as an inclusive, adult-friendly social media platform. We assume no responsibility for monitoring the Website for inappropriate content or conduct. However, we reserve the right to monitor and delete any information or postings we deem inconsistent with the terms of this Agreement, and we may refuse to publish, remove, or block access to any submission that is available through the Website or our network or Services without advance notice or delay. If we choose to monitor the Website at any time, we assume (1) no responsibility for the content, (2) no obligation to modify or remove any inappropriate content, and (3) no responsibility for the conduct of the user submitting that content. You are solely responsible for the submissions that you make to the Website and for any other material or information that you transmit or share with other users or unrelated persons through the Website. We do not permit copyright infringing activities or infringement of other intellectual property rights on the Website, and we will remove all content and submissions if properly notified that the content or submission infringes on another’s intellectual property rights. We also reserve the right to terminate a user’s access to the Website, in accordance with our copyright infringement policy, if we determine the user is an infringer. While we permit publication of erotic and sexually explicit content, we reserve the right to decide if the content or submission is appropriate and otherwise complies with this Agreement. We may remove submissions or terminate a user’s access for uploading content that violates this Agreement at any time without prior notice.
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of anyone posting content in breach of this Agreement, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in the Website receiving a subpoena, discovery request, production order, or court order that causes the Website to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
Modifications and Interruptions to Service
You acknowledge that we do not guarantee continuous, uninterrupted, or secure access to this Website and numerous factors or circumstances outside of our control may interfere with or adversely affect our operation of this Website. Nor do we guarantee that you will be able to access or use all parts of this Website. You understand that we will have no liability to you for any inaccessibility, including liability to issue a refund or any other transaction reversal because of inaccessibility.
We may suspend access to this Website temporarily and without notice for system failure, maintenance or repair, or reasons beyond our control.
We reserve the right to modify or discontinue this Website with or without notice to you. We will not be liable to you or any third party if we exercise our right to modify or discontinue the Website.
We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by another person through the Website or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other 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 Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the reliability of any statement or other information displayed or distributed through the Website. We reserve the right to correct any errors or omissions in any portion of the Website.
Release and Disclaimer of Liability
You acknowledge that we will not be liable to you for user submissions or the defamatory, offensive, or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user submissions or the conduct of any person.
You further discharge, acquit, and otherwise release us, our parent company, 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 Website including, but not limited to claims relating to the following:
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, intellectual property infringement, misrepresentation, revenge porn law violations, any financial loss not due to the fault of the Website, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Website, unavailability of the Website, its functions and/or Services and any other technical failure that may result in inaccessibility to the Website, or any claim based on vicarious liability for torts committed by individuals met on or through the Website and Services, including but not limited to fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, 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 the Website, 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.
We expressly disclaim any liability or responsibility to you for any of the following:
· Errors, mistakes, or inaccuracies of content;
· Personal injury or property damage of any nature resulting from your access to and use of the Website;
· Any information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal;
· Any third party’s unauthorized access to or alterations of your account, transmissions, or data;
· Any interruption or cessation of transmission to or from the Website;
· Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through the Website by any person;
· Any incompatibility between the Website and your other Services, hardware, or software;
· Any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website; or
· Any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
Limitation of Liability and Exclusion of Damages
Unless caused by our gross negligence or willful and wanton misconduct, we limit our total liability to you for any claims arising from these terms or your access to the Website solely to your incidental and direct damages, if any. However, our total liability to you will not exceed one hundred dollars (100 USD) or the total amount you paid us during the one (1) month period before you made your claim, whichever is greater. Recovery of these damages will be your sole and exclusive remedy. We disclaim any liability for any other damages of any kind arising out of these terms or your access to the Website.
Unless caused by the other’s gross negligence or willful and wanton misconduct, neither party will be liable to the other party for any special, indirect, incidental, consequential, exemplary, or punitive damages arising out of this Agreement or the Website. This exclusion applies even if the other party knew or should have known about the possibility of the damages.
The mutual exclusion of special, indirect, incidental, consequential, exemplary, or punitive damages is independent of your exclusive remedy and survives even if your exclusive remedy fails of its essential purpose or a court or tribunal of competent jurisdiction otherwise deems your exclusive remedy unenforceable.
The limitations and exclusions in this section apply regardless of the theory of liability asserted, whether strict liability, breach of warranty (express or implied), breach of contract, tort, or any other legal theory.
Scope of Disclaimers
The disclaimers, exclusions, and limitations contained in sections 16, 17, and 18 apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you. It is your responsibility to determine the extent to which sections 16, 17, and 18 may be applied to you. Please note that nothing in this Agreement is intended to benefit any particular third party, and only the parties hereto shall have standing to enforce any term of this Agreement.
Loss means a monetary amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can arise from a tangible or intangible detriment; from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
A loss is caused by an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. We reserve the right to select legal counsel of our choice, for any claims subject to indemnification. You and we must cooperate with each other in good faith on a claim.
No Exclusivity. Our rights under this section do not affect other rights we might have.
Limited Time to Bring Claims
A party to this Agreement must bring any claim that party may have against the other party that arises out of these terms of this Agreement or the Website within one (1) year after the claim arises. If a party fails to bring any claim that party may have against the other party within this one (1) year period, the claim is permanently barred.
Compliance with Laws
You understand that we make no representation that the content available on this Website is appropriate or available for use in any particular location. You assume all knowledge of applicable law and are responsible for compliance with these laws.
Except for disputes subject to arbitration, all disputes arising under this Agreement or regarding the Website will be subject to the exclusive jurisdiction and venue of the courts in Orange County, Florida. The parties submit to the personal jurisdiction of the courts in Orange County, Florida to resolve all disputes not subject to arbitration. The parties agree that the exclusive venue and forum to resolve all disputes will be in the courts of Orange County, Florida and waive any right to seek another venue because of improper or inconvenient forum.
The parties agree that the Website will be deemed to be based in Orange County, Florida, and that the Website will be further deemed a passive online service provider that does not give rise to personal jurisdiction over the Website, either specific or general, in any other jurisdiction.
Nothing in this Agreement shall be construed as an admission or concession that the laws of any other jurisdiction applies to the Website, or to this Agreement.
Waiver of Jury Trial. Both parties agree that as part of their consideration for the terms of this Agreement, they waive the right to a trial by jury for any dispute arising between the parties related to the subject matter of this Agreement. The parties further agree that this waiver will be enforceable up to and including the day that trial is to start.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates this Agreement, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
This Service is for Amusement Purposes
You understand and accept that our Website and Services is an entertainment and recreational service. Any user accessing our Website in an effort to engage in or facilitate illegal or tortious activities may be banned and reported to the appropriate law enforcement agency. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement.
Modifications. We may modify the terms of this Agreement on one or more occasions. Changes will become effective on the “Last Updated” date noted at the top of the modified terms. It is your responsibility periodically to check the Website to review the most current terms. While we will try to notify you of any changes to these terms, we do not assume an obligation to do so. By continuing to use the Website after we post changes to this Agreement, the modified terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website.
Assignment and Delegation. We may assign any rights or delegate any performance under this Agreement without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
Force Majeure. We are not responsible for any failure to perform because of 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, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
Expenses and Costs of Enforcement. If a court or tribunal of competent jurisdiction determines that a party violated this Agreement, and subject to the terms of Section 18 (Limitation of Liability and Exclusion of Damages) of this Agreement, the breaching party will reimburse the non-breaching party for all actual costs and reasonable attorney fees incurred in enforcing this Agreement.
· Any notice required to be given by us 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 Website, or by personal delivery via commercial carrier. 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 delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, and/or recipient for any notice 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, email server, or overnight delivery service.
· Website Contact Information. Any notice to us under this Agreement shall be directed to email@example.com.
Authorization and Permission to Send Emails to You. You authorize us to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
Electronic Signatures. You agree to be bound by any affirmation, assent, or agreement you transmit through this Website. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” “check box” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
English language. We have written this Agreement and our associated Website policies in the English language. You are representing your understanding and assent to the English language version of this Agreement as it is published. We are not liable to you or any third party for any costs or expenses incurred in translating this Agreement. In the event that you choose to translate this Agreement, you do so at your own risk, as only the English language version is binding.
Parental Controls 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. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. 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 Website 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 Website or Services from being displayed or accessed by your children or wards.
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, in most circumstances, for claims arising from the publication or transmission of your content as well as 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. No third parties are intended to benefit from this Agreement between you and us.
Export Control: You understand and acknowledge that the software elements of the materials on the Website may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
No Agency Relationship: Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
· References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
· In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
· References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
· “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
· “Including” means “including, but not limited to.”
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 Website, Services and the materials contained therein, and your use of the Website and Services, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
Other Jurisdictions/Foreign Law: We make no representation that the Website, 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 Website and Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in this Agreement shall be interpreted as an admission that that the Website is subject to the laws of any nation besides the United States.
Service Not Available in Some Areas: You are subject to the laws of the state, province, city, country, or other legal entity in which you reside and/or from which you access this Website. THIS WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or use this Website while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and this Agreement, and subject to having your account suspended or terminated without any notice to you. You hereby agree that this Website cannot be held liable if laws applicable to you restrict or prohibit your participation. This Website makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on this Website, nor shall any person affiliated, or claiming affiliation, with the Website have authority to make any such representations or warranties. We reserve the right to restrict access to this Website in any jurisdiction.
Grooby Productions may invite you to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response (‘content), to the Site (particularly to the ‘Contributors Galleries’, ‘Competition’ and ‘Messaging’ sections of the Site).
1.1. You may submit Material to the Site, provided that such Material:
1.2. Grooby Productions shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. Grooby Productions nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions, Posting Rules or otherwise deemed to be inappropriate by the management of Grooby Productions.
1.3. Grooby Productions reserves the right at its sole discretion to cancel any account without refund or pay if there is any breach or breaches of the guidelines set in 1.1. and 1.4.
1.4. You warrant and represent that:
Grooby Productions - S,Brewster 6465 Forbes Ave, Lake Balboa, C 91406 USA
Grooby Productions Partnership Program - TERMS AND CONDITIONS
The following terms and conditions reflect the obligations of the user identified by the personal data, address and e-mail address specified in the sign-up/registration form (hereinafter referred to as 'you' or 'your', 'affiliate' or 'affiliate member(s)' ) and Grooby Productions when you use Grooby Productions's Grooby Productions program to promote Grooby Productions's websites. All conditions must be adhered to, and are legally binding. You are responsible for reading and respecting all the conditions defined by Grooby Productions. If the conditions are not respected, your account will be terminated and the payment void. No warnings will be issued, and no reasons or excuses will be accepted.
The following describes the general restrictions and obligations that have to be followed by you, independently of the specific program used by you to promote Grooby Productions's websites.
RESTRICTIONS AND OBLIGATIONS:
1. You must be at least 18 years of age (or 21 years of age where 21 is the age of majority in your country/state) to signup or use the Program.
2. The surfer has to click on the banner/text link promoting a specific site from Grooby Productions for that site to be loaded. Grooby Productions must at all-time be able to track your hits and visit the websites from where the visitors are coming from. All hits must come from your own web page(s). You are not authorized to use Grooby Productions's name, URL or anything associated with Grooby Productions or its websites outside of your website(s).
3. We grant to you the limited, non-exclusive, nontransferable and revocable license, during the term of this Agreement, to use graphics, including banners, text, audio and visual content and other intellectual properties (hereinafter 'marks') owned by us for the sole purpose of marketing, advertising and promoting Program `s Site(s). The license herein granted shall automatically and immediately cease upon the termination of this Agreement.
4. No SPAM will be tolerated. Should Grooby Productions receive complaints due to unsolicited emails sent by or via you, you will be on our blacklist and your account will be terminated immediately and payment will be void. This condition applies to, but is not limited to, newsgroup postings, email links, malware, spyware and any other form of illegal content distribution etc.
5. Affiliate members are not permitted to use Grooby Productions's sign up forms within a co-registration or automated transfer process. Grooby Productions is under no obligation to pay for subscribers generated using either of these methods. The form action for subscription must be to Grooby Productions servers, and initiated by the surfer. Failure of an affiliate in this regard will result in Grooby Productions canceling all payments due to that affiliate.
6. Any misrepresentation of our site(s), including (but not limited to) misrepresenting the cost of membership, terms of membership, or content contained within our site(s) and exploitation of our terms and conditions, instructing the member to signup and cancel is not permitted in any way.
7. Affiliate members are not permitted to display a Grooby Productions sign up form on mailing list unsubscribe pages. Grooby Productions wants to protect the risk of SPAM complaints that are often associated with this type of form implementation. Grooby Productions is under no obligation to pay for signups generated from unsubscribe pages.
8. You may not promote our Grooby Productions program on or to sites that promote or contain content pertaining to or displaying child pornography 'actual' or 'suggested', molestation, bestiality, rape/torture, hate crimes/hate propaganda, acts of violence, or other illegal content, any references to 'Lolita', 'Pre-Teen' and 'youngest', any URL names implying any unqualified content or any other sites displaying illegal material, password selling or trading. Nor may you promote our Grooby Productions program on any other non-adult web sites unless you have received an authorization before doing so from Grooby Productions. If you not do so, your account will be terminated and the payment void.
9. Sites that promote illegal activity, anti-government activity or discrimination based on race, sex, religion, sexual orientation or physical disability are not permitted to participate in Grooby Productions's Grooby Productions program.
10. Any affiliate member who violates or infringes upon 3rd party copyright, trademark, patent, or any intellectual property rights will have their account terminated immediately, this includes, but is not limited, fraudulent activity against any other program. Termination will result if you are found to be profiting from the false submission of names, using executable files to scam other online ventures and/or if you are in any way committing fraud against 3rd party companies.
11. You may not keep a copy of any of the names or associated data they generate through the Grooby Productions program. Grooby Productions retains sole and exclusive rights to this data.
12 If you cheat anywhere on the Grooby Productions network, you will lose all accounts in all programs and will not be allowed to gain access to a new accounts. Credit card fraud is closely monitored and will not be tolerated by Grooby Productions. Misleading advertising by you will be considered as cheating. In the event that any sort of mechanism that falsely generates hits and/or signups to the website is detected by Grooby Productions, you will be prosecuted to the fullest extent of the law and earnings will not be paid.
13. Grooby Productions reserves the right to terminate any affiliate for any reason, including but not limited to, fraud or suspected fraud. Fraud includes, but is not limited to, the submission of unauthorized email signups, the creation of new email addresses for submission by the affiliate, or changing HTML or other code related to the affiliate program. Grooby Productions is not obligated to pay the balance of a terminated affiliate's account.
14. Referring an affiliate who already exists in the affiliate database is not supported by Grooby Productions. Doing so may result in your termination from the program without compensation.
15. Affiliates will not receive referral commissions from referred affiliates who are terminated from the program for any reason.
16. Grooby Productions reserves the right to suspend and/or cancel payment to an affiliate who has been found to have altered, changed and/or modified the HTML of the Grooby Productions sign up form. The Grooby Productions sign up form must be in its original format, which must contain the original amount of lists, the proper pre-checked boxes, an email and zip code form submission field, etc. Permission is needed to make modifications. Contact us for details.
17. Grooby Productions is not obligated in any way to reveal the reasons for termination of referred affiliates. Grooby Productions will not release information on an affiliate unless fraud and/or abuse has been committed against a third party program. The final decision regarding account status and information will be made by Grooby Productions in the case of a request for information by a third party program/venture.
18. In no event shall Grooby Productions be liable to you for any damages, whether direct, indirect, incidental or consequential, arising out of the use or inability to use the Grooby Productions Program, including your use of the Grooby Productions Program for any other purpose than what has been stated in these terms and conditions, even if Grooby Productions has been advised of the possibility of such damages. Grooby Productions's aggregate liability, if any, arising out of or in any way related to its performance of the services provided for under these terms and conditions shall be limited to EUR 50,00 (fifty euro); and in no event shall Grooby Productions, its staff, its agents, or its suppliers pay for incidental, indirect, special, or consequential damages, even if they have been advised of or should have foreseen, the possibility of such damages.
19. Grooby Productions shall not be liable for any damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any communication, advertisement, or other materials of any kind comprising in whole or in part your use of Grooby Productions's services or Grooby Productions Program.
20. Grooby Productions disclaims any and all liability with regard to the operation of affiliate sites. These sites are outside of Grooby Productions's control, and as such Grooby Productions cannot be held responsible for their actions.
21. Grooby Productions shall in no event be liable to you, your customers or any third party for any loss resulting from any failure to perform its obligations under these terms and conditions because of intrusion or malicious attacks by hackers on the Grooby Productions Program, theft of access codes or passwords from our installations, or other acts by any third party beyond Grooby Productions's direct control, including but not limited to acts of God, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities as well as the issuance of an injunction or seizure order by a court of competent jurisdiction prohibiting Grooby Productions from carrying on its day-to-day operations as contemplated under these terms and conditions or an order by any regulatory, administrative, judicial or legislative body, which shall temporarily suspend or permanently terminate Grooby Productions's ability to provide you access to the services and/or Grooby Productions's Grooby Productions Program pursuant to these terms and conditions.
22. Except for the express warranties stated herein, the Grooby Productions Program and Grooby Productions's services are provided 'as is', and Grooby Productions disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Grooby Productions Program, Grooby Productions's services or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Grooby Productions makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. In addition, Grooby Productions makes no declarations that the services or the Grooby Productions Program will be uninterrupted or error-free and Grooby Productions shall not be liable for any damages, whether direct, indirect, incidental or consequential, arising out of any interruptions or errors occurred as a consequence of your use of Grooby Productions's services or Grooby Productions Program.
23. You hereby agree to indemnify, defend and hold harmless Grooby Productions, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by Grooby Productions (collectively the 'losses'), insofar as the losses (or actions in respect thereof) arise out of or are based on: a) any claim or threatened claim that Grooby Productions's use of tour trademark(s), if any, infringes on the rights of any third party; b) the breach of any promise, covenant, representation or warranty made by you in these terms and conditions; or c) any claim related to your web pages. Grooby Productions's indemnity rights shall not be limited or offset by any contributory negligence by Grooby Productions. Grooby Productions may participate in the defense at its expense.
24. You, acting as the potential affiliate, warrant that you have the legal capacity to enter into a binding contract, and, if appropriate, have the authority to bind your principal or employers to these terms and conditions.
Grooby Productions PROGRAMS:
1. Partnership Program:
You will be paid a minimum of 50% of every single and rebill of every user you refer to tranzfanz.com - The commissions paid for a specific signup by Grooby Productions will be deducted from your account if that signup is identified as a fraudulent transaction.
1. The earnings due to you are calculated by Grooby Productions. You can see the amount owed to you in the statistics section of Grooby Productions.
2. All payments will be made in Euro currency. The payment is on the 16th and 30th or 31st of each month. Payments are sent by Grooby Productions within 5 days of the end of a payment period. No payment for less than € 100 will be issued. It is possible that you request Grooby Productions to pay out only amounts that are higher than a certain fixed amount which should be at least € 100. Unpaid earnings are carried to the following payment period. The payments are made by checks or wire transfers. For payments made by check a € 10.00 fee will be deducted from the total amount.
3. Using a fake payout name or filling out the application with false information is considered as a fraud (especially if you are caught cheating in another account). Grooby Productions reserves the right to close ALL the accounts and void the payment of you caught cheating with one of his account. In the event that Grooby Productions detects any sort of fraud made by you, Grooby Productions will prosecute you to the fullest extent of the law.
4. If Grooby Productions is closed by Grooby Productions, you will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that you has cheated by violating these terms and conditions.
5. If you want to close a publicity account, you must contact Grooby Productions and request for your account to be closed. In this case, Grooby Productions will pay for all earnings generated up to that point in time, if more than €25 except in cases where it is determined that you have cheated by violating these terms and conditions.
6. Grooby Productions's systems are responsible for tracking affiliate accounts, and are not liable for system downtime. Historically, Grooby Productions has provided downtime compensation. Provided that downtime compensation is offered, Grooby Productions will determine the exact amount of compensation. Each case is unique and the compensation depends upon the effect to subscriptions and payments. Grooby Productions will have any and all final judgments regarding downtime compensation.
1. Grooby Productions reserves the right to terminate this agreement or transfer an account from a publicity program to another at any time, for any reason, including, but not restricted to, profitability. In any case, you will be notified and will be paid for all earnings generated up to that point in time, except in cases where it is determined that you have cheated by violating these terms and conditions.
2. We reserve the right to change the terms of the Grooby Productions program, at any time without notification.
3. As an affiliate member you have to regard the following: upon termination of an affiliate's account, the affiliate member must immediately cease using Grooby Productions's names, forms, banners, buttons, popup consoles, images and representations of Grooby Productions thereof on their site.
4. The services and Grooby Productions Program licensed to you under these terms of agreement are protected by copyrights. You may not distribute, reproduce, decode, transmit or transfer, in whole or in part, any documentation or software codes contained herein without express prior written permission by Grooby Productions.
5. In case any one or more of the provisions contained in these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.
6. This agreement, the interpretation and execution thereof, and the relationship between you and Grooby Productions, shall be governed by, and construed in accordance with, the laws of USA. Any claim or dispute arising either directly or indirectly out of this agreement shall be brought before the competent court of USA, which court shall have exclusive jurisdiction. Notwithstanding the foregoing, Grooby Productions shall have the right to institute any legal proceedings against you before the competent court in your home jurisdiction or elsewhere.
2257 Disclosure Statement of TranzFanz.com
Compliant Content: All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct depicted on this Website are required to be over the age of eighteen (18) years at the time the visual image was produced. Records mandated for all depictions of actual or simulated sexually explicit conduct by Title 18 U.S.C. §§2257 & 2257A and 28 C.F.R. §75, et seq., are on file with the appropriate Records Custodian and will be made available to authorized inspectors at the following address:
6465 Forbes Ave.
Lake Balboa, CA 91406 USA
Exempt Content: All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §§2257, 2257A and/or 28 C.F.R. §75, because: 1) they do not portray conduct as specifically listed in 18 U.S.C §2256 (2)(A) (i) through (iv); 2) they do not portray conduct as specifically listed in 18 U.S.C. §2257A produced after March 19, 2009; 3) they do not portray conduct listed in 18 U.S.C. §2256(2)(A)(v) produced after March 19, 2009; 4) the visual depictions were created prior to July 3, 1995; or, 5) the website operator does not act as a “producer” with respect to the dissemination of such exempt images as that term is defined in 28 C.F.R. §75.1(c).
The title of this work is: tranzfanz.com
Due to strict regulations imposed by Visa and Mastercard, certain words are forbidden to be used in content titles and descriptions. Violations of this rule by trying to bypass the word filter using special characters (ex.: R*pe instead of Rape) or a translation will result in an immediate account suspension.
Full list of forbidden terms
Last Updated: 31.03.2020
· “We” – This term and any applicable first-person pronouns (Us, Our, Ours, etc.) refer to Millennium TGA, Inc., the owner and operator of the Site.
· “Site” – This term refers to tranzfanz.com and all affiliated websites.
· “You” or “User” – This term and any applicable second-person pronouns (Your, Yours, etc.) refer to you, as the user of the Site.
Please read this Policy carefully to understand Our policies and practices regarding Your information and how We will treat it. If You do not agree with Our policies and practices, Your choice is not to use the Site. By accessing or using the Site, You agree to this Policy and consent to Our collection, use, disclosure, retention, and protection of Your personal information as described in this Policy.
This Policy applies to information We collect:
· On or through the Site (including desktop and mobile versions);
· When You register for or use the Services;
· In email, text, and other electronic messages between You and Us;
· When You interact with Our advertising and applications on third-party websites and services, if those advertisements or applications include links to this Policy; and
· When You interact with the Services through third-party social media platforms.
It does not apply to information collected by:
· Us offline or through any other means, including through any third party (including Our affiliates and subsidiaries); or
· any third party (including Our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible through the Site.
1. Revisions to this Policy
We reserve the right to revise, amend, or modify this Policy and Our other policies and agreements at any time and in any manner. You should periodically check for any modifications to this Policy by re-visiting these terms. You should note the “Last Updated” date of this Policy, which appears at the top of this Policy. A changed “Last Updated” date indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting. We will consider Your continued use of the Site after We make changes to this Policy as Your acceptance of the changes, so please check this Policy frequently for updates.
2. Are Minors Welcome?
The Site is not intended for persons under eighteen (18) years old. We prohibit all persons who do not meet the age requirements from accessing the Services. Minors must not use the Site. We do not knowingly collect any information about children, minors, or anyone under eighteen (18) years old, nor do We knowingly market to children, minors, or anyone under eighteen (18) years old. If You are under eighteen (18) years old, You must not submit information to Us and must immediately leave the Site.
3. What types of information do We collect about You and how is it collected?
We collect several types of information from and about Users of the Site, including information:
· by which You may be personally identified, including Your name, postal address, email address, telephone number, or any other information that We collect that is defined as personal or personally identifiable information under law (“personal information”);
· information obtained during Your commercial transactions on the Site including credit and debit card numbers, billing and shipping information, and order history;
· that is about You but individually does not identify You, including Your age, gender, location, and any other optional information You provide about Yourself; and
· about Your Internet connection, IP address(es), device ID, the equipment You use to access the Site, and usage details.
We collect this information:
· Directly from You when You provide it on the Site;
· Automatically as You navigate through the Site through cookies, web beacons, and other tracking technologies; and,
· From third parties, for example, Our technology providers.
Information You Provide to Us
The information We collect on or through the Site may include:
· Information that You provide by filling in forms associated with the Services, including information provided at the time of registering to use the Services, signing up for an account, engaging in commerce transactions, communicating with Us, requesting further services, or reporting a problem with the Services, such as Your social media username, password, and other access information;
· Records and copies of Your correspondence (including but not limited to email addresses or user names), if You contact Us;
· Your responses to surveys that We might ask You to complete for research purposes;
· Details of transactions You carry out through the Site and of the fulfillment of Your requests;
· Your search queries on the Site; and
· Your social media accounts used in connection with the Services.
Information the Site Collects through Automatic Data Collection Technologies
As You navigate through and interact with the Site, We may use automatic data collection technologies to collect certain information about Your equipment, browsing actions, and patterns, including details of Your activities associated with the Services or the resources that You access and use on the Services, such as traffic data, location data, logs, and other communication data.
The information We collect automatically is statistical data and does not include personal information, but We may keep it or associate it with personal information We collect in other ways or receive from third-parties. It helps Us to improve the Services, including by allowing the Site to:
· Estimate the Services’ audience size and usage patterns;
· Store information about Your preferences, thus allowing customization of the Services according to Your individual interests;
· Speed up Your searches; and
· Recognize You when You return to the Services.
The technologies We use for this automatic data collection may include:
· Flash Cookies. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about Your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same settings as are used for browser cookies. For information about managing Your privacy and security settings for Flash cookies, You can access Your Flash management tools from Adobe’s website.
· Web Beacons. Pages of the Site and/or Our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Us, for example, to count users who have visited those pages (or opened an email) and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity). If You want to learn more about web beacons, please visit http://www.allaboutcookies.org/faqs/beacons.html.
We may tie this information to personal information about You that We collect from other sources or that You provide to the Site.
We do not control third-party tracking technologies or how third parties use them. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider directly.
Social Networks and Third-Party Plug-ins
4. How We Use Your Information
We may use information that We collect about You or that You provide to Us, including any personal information:
· To present the Site and its contents to You;
· To provide You with information, products, or services that You request from the Site;
· To provide You with notices about Your account;
· To notify You about changes to the Services;
· To allow You to participate in any interactive features on the Services;
· To monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purposes;
· To analyze traffic on the Site and the sites of third parties;
· To investigate and prevent unauthorized access to the Services, and other illegal activities;
· To personalize the Services’ content, features, or advertisements;
· To contact You about Our own and third parties’ goods and services that may be of interest to You;
· To allow the Site to display advertisements to its advertisers’ target audiences;
· In any other way We may describe when You provide the information;
· To fulfill any other purpose for which You provide it; and
· For any other purpose with Your consent.
5. With Whom Do We Share Your Information?
We may disclose aggregated information about Our users, and information that does not identify any individual, without restriction.
We may disclose personal information that We collect or that You provide as described in this Policy:
· To Our subsidiaries and affiliates;
· To contractors, service providers, and other third parties We use to support Our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which We disclose it to them;
· To a buyer or other successor in the event of a merger, joint venture, assignment, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Us about Our users is among the assets transferred; and
· To any other party with Your consent.
We may disclose Your personal information when We believe the third parties listed above need such information:
· To provide products or services to You;
· To administer the Site or other aspects of Our business and Services;
· To provide customer service;
· To update account information;
· To forward updates, announcements, newsletters, and other communications;
· To respond to Your communications and to communicate with You about the Site and activities related to the Services; or
· As otherwise authorized by You.
6. Special Cases
It is Our policy not to use or share the personal information about users in ways unrelated to those described in this Policy without also providing You an opportunity to opt out or otherwise prohibit such unrelated uses. However, We may disclose personal information, or information regarding Your use of the Services for any reason if, in Our sole discretion, We believe that it is reasonable to do so, including:
i. To cooperate with law enforcement authorities, government agencies, and private-party litigants seeking information about Our users to the extent required by applicable law, or if We are legally advised to do so; examples of such cooperation may include but are not limited to: lawful criminal, civil, or administrative process or discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process;
iii. To operate Our Services properly; or
iv. To protect the rights, property, or safety of Us, Our users, or the general public, including but not limited to disclosures for the purposes of fraud protection and credit risk reduction.
7. What choices do You have about how We use and disclose Your information?
We strive to provide You with choices about the personal information You provide to Us. We have created mechanisms to provide You with the following control over Your information:;
We do not control third parties’ collection or use of Your information to serve interest-based advertising. However, these third parties may provide You with ways to choose not to have Your information collected or used in this way.
8. Do Not Track Policy
Do Not Track (“DNT”) is a privacy preference that You can set in Your browser. DNT is a way for You to inform websites and services that You do not want certain information about Your webpage visits collected over time and across websites or online services. We are committed to providing You with meaningful choices about the information We collect and that is why We provide You the ability to opt out. However, We do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com.
9. International Users
This Policy is intended to cover collection of information on or through Our Site within Our home jurisdiction. Some countries may require stricter privacy policies than those described in this document. If You are visiting Our Site from such a country, please be aware that Your information may be transferred to, stored, and processed in the country where Our servers are located and Our central databases are operated. The data protection and other laws of Our home jurisdiction might not be as comprehensive as those in Your country. By using Our services, You understand that Your information may be transferred to Our facilities and those third parties with whom We share it as described in this Policy. When You provide personal information to Us through the services, You consent to the processing of Your data in, and the transfer of Your data to, Our home jurisdiction or any other country in which We or Our affiliates, subsidiaries, or service providers host these services.
10. Your California Privacy Rights
California Civil Code § 1798.83 permits users of the Site that are California residents to request certain information about Our disclosure of personal information to third parties for their direct marketing purposes. To make this request, please contact us at firstname.lastname@example.org.
Further, if You are a California resident and would like to opt out from the disclosure of Your personal information to any third party for marketing purposes, please contact us at email@example.com. Please be advised that if You opt out from permitting Your personal information to be shared, You may still receive selected offers directly from Us in accordance with California law.
The California Consumer Privacy Act of 2018 provides additional privacy rights and protections to California users; however, these additional rights and protections do not apply to Us or Your use of Our Services, because we do not sell Your data and/or because We do not meet the triggers set forth in the law.
11. Our Commitment to Data Security
We have implemented measures designed to secure Your personal information from accidental loss and from unauthorized access, use, change, and disclosure. All information You provide to Us is stored on Our secure servers behind firewalls.
Warning: The transmission of information over the Internet is not completely secure. Although We do Our best to protect Your personal information, We cannot guarantee the security of Your personal information transmitted through the Site. Any transmission of personal information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures used by the Site.
12. Links to Other Websites
The Site may contain links to other websites. Please be aware that We do not operate, control, or endorse third-party sites that may be linked on the Site, nor are We responsible for the content or privacy practices of those other websites. We disclaim any responsibility for the information on other websites, and We do not make any warranties or representations that any linked sites (or even this Site) will function without error or interruption, that defects will be corrected, or that the sites and their servers are free of viruses or other problems that may harm Your computer. We encourage Our users to be aware when they leave the Site and to read the privacy statements of any other website that collects personally identifiable information.
13. No Third-Party Rights
This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services.
14. Contact Information
To protect your privacy, any of the following may appear; VendoStore*Manica, VendoStore*Vendo, EPOCH.com *Grooby Productions
All sales of individual clips from contributors (by tokens) are FINAL and NON-REFUNDABLE except in the following 2 cases within 90 days of purchase date:
If your downloaded vid is broken/corrupt, we will contact the seller on your behalf for a replacement vid. If they fail to replace the vid, a credit of equal or lesser value will be applied within 30 days.
Custom vid and store item sales are final and are subject to mediation by our support team if the seller fails to deliver within 30 days of the purchase date. A refund would be applicable to any non-received custom vids or store items which were not sent to the buyer.
Sites Covered: tranzfanz.com
Millennium TGA, Inc. qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. Thus, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our users.
Notice of Claimed Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Agent (identified below) with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site (preferably including specific URLs associated with the material);
(d) Your address, telephone number, and email address;
(e) 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
(f) A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement (“Notice”) to:
Lawrence G. Walters, Esq.
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750-4104
Please do not send other inquiries or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.
Further information regarding notification and takedown requirements can be found in the DMCA, here: https://www.law.cornell.edu/uscode/text/17/512
Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs, and attorneys’ fees under federal law. See 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement, or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all legal qualifications before submitting a DMCA Notice to our Designated Agent.
Take Down Procedure
This Site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to or remove any material or activity accessible on the Site that is claimed to be infringing or from which infringing activity is apparent based on facts or circumstances. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S. C. § 512 of the DMCA. The Site’s DMCA Notice Procedures are set forth in the preceding paragraphs. If the Notice does not comply with § 512 of the DMCA but does comply with three requirements for identifying sites that are infringing according to § 512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When the Designated Agent receives a valid Notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to § 512(g)(2)-(3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the Site relating to the actions taken in response to the counter-notification.
To submit a counter-notification, please provide our Designated Agent the following information:
(a) A specific description of the material that was removed or disabled pursuant to the Notice;
(c) A statement reflecting the Recipient’s belief that the removal or disabling of the material was done erroneously. For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
(d) The Recipient’s physical address, telephone number, and email address; and
(e) A statement that the Recipient consents to the jurisdiction of the Federal District court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.
Written notification containing the above information must be signed and set to:
Lawrence G. Walters, Esq.
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750-4104
Please do not send other inquiries or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.
All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.
After receiving a DMCA-complaint or counter-notification, our Designated Agent will forward it to the Site, and the Site will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.
Thereafter, within ten to fourteen (10-14) days of the Site’s receipt of a counter-notification, the Site will replace or cease disabling access to the disputed material provided that the Site or our Designated Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the Site’s system or network.
The Site reserves the right to modify, alter, or add to this policy, and all affected persons should regularly check back to stay current on any such changes.
Customer Service Requests
Please note that the Designated Agent is not associated with the Site in any other capacity but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the Site’s customer service department
Last Updated: 05.05.2020
Millennium TGA, Inc., the owner and operator of the website (“Site”) listed above (hereinafter, “Company”, “We”, “Us” or “Our”) maintains operational policies prohibiting the disclosure of customer information without the customer’s express consent except as required to comply with a court order, search warrant, summons, subpoena, or other valid legal process received by the Company. If you require information regarding a customer, or other data in Our possession, you must transmit a proper request to Our Legal Contact set forth in the “Instructions” below.
Law Enforcement Requests
We support law enforcement efforts to fulfill their duties and protect the public. Pursuant to a variety of privacy laws, We are generally prohibited from providing user data in the absence of a subpoena, and cannot typically disclose the contents of emails or other electronic communications in the absence of a court order. Please review applicable law before submitting requests for customer information.
We endeavor to respond within seven (7) business days to valid law enforcement inquiries. However, in some cases, additional time is required.
Non-Law Enforcement Inquiries
We typically require a subpoena or court order before providing customer information to private parties. We further reserve the right to request additional information from the requesting party, including without limitation, authenticated copies of court pleadings, in order to verify that the requested information is relevant to any civil or administrative matter. If you wish to send Us a subpoena for user information, please transmit the document to Our Legal Contact set forth in the Instructions below.
When seeking user information from Us, please include the name of the user(s) and events associated with the information in question, as well as all other pertinent information and legal documentation, and transmit your request via email to Our Legal Contact at:
Lawrence G. Walters, Esq.
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750
Please do not send customer service requests, billing inquiries, or unrelated documents to Our Legal Contact.
Nothing contained in this Policy shall constitute a waiver or acceptance of formal legal process or consent to jurisdiction of the courts and/or the legal system in any particular state, province, or country.
Retention of Customer Data
We do not guarantee the existence, accuracy, or regularity of Our storage or backup services. Due to data storage capacity and security concerns, all content associated with the Site(s) and any archival copy of the same, are subject to deletion and destruction at any point. This material is permanently and irrevocably deleted, and such files can thereafter no longer be recovered under any circumstances. In the event of receipt of a legal preservation request, We will undertake Our best efforts to preserve the data identified in such request, to the extent required by applicable law.
Notification to Customers
We reserve the right, but do not undertake the obligation, to notify the affected customer prior to responding to a civil or administrative subpoena and to delay compliance for up to ten (10) calendar days, in order to allow Our customer to move to quash the subpoena or obtain a protective order from a court of competent jurisdiction, excepting emergency circumstances or where otherwise prohibited by law. Confidentiality is typically maintained when responding to criminal investigations. Nothing in this Policy is intended as legal advice. Please direct any legal questions to your private attorney.
Costs of Compliance
We may condition compliance with civil or administrative subpoenas only upon payment of Our expenses, as follows:
Research: USD 75.00/hour.
Copies: USD 0.25/page.
Media Storage Devices (e.g. – CD, DVD, portable drives, etc.): Actual cost.
Mailing / Document Delivery: Actual cost.
Other Costs: Rate determined as incurred.
We also reserve the right to charge an administration fee to the affected customer, the amount of which is within Our sole discretion.
Release of Customer Data in Other Circumstances
Notwithstanding the foregoing, We reserve the right to disclose customer information when, in Our sole discretion, We believe that it is reasonable to do so. Such circumstances include, but are not limited to the following:
Satisfying any legal obligation;
Identifying, contacting, or bringing legal action against someone who may be violating any of the user agreements and/or policies governing the access or use of the Site(s);
Investigating fraud or deceptive activity;
Maintaining the security of Our system(s), servers, datacenters, or properties;
Operating the Our services properly; and
Protecting Ourselves, Our customers, and the general public.
Thank you for your cooperation with Our Subpoena and Law Enforcement Request Policy.