WEBSITE USER AND MEMBERSHIP TERMS AND CONDITIONS
These Terms and Conditions ("Tube18.SeX", "Terms") constitute a binding agreement between you andthe operators of this Website ("The SITE", "WE" or "US") regarding your use of The SITE andall other services provided by The SITE (the "Service")
Please read the Tube18.SeX carefully. Prior to accessing or using the SITE, you must agree to ALLof the conditions in these Tube18.SeX and agree to be bound by the Tube18.SeX. If you do not agree to anyprovision of the Tube18.SeX, you should not use the Service.
The Terms may be revised from time to time without notice to you other than appearing on theService. It is your responsibility to regularly check the Service and to review the Terms.Your continued use of the Service constitutes your agreement to all revisions to the Terms.
1. Age of Majority
You represent and warrant you are at least 18 or 21 years of age, depending on the age ofmajority in your jurisdiction, and that you have the legal capacity to enter into thisAgreement. If you are not at least 18 or 21 years of age, depending on the age of majorityin your jurisdiction, you must exit the SITE immediately and may not use or access the SITEor print or download any Materials from them. You agree not to bypass any security and/oraccess feature on this SITE. Additionally, the SITE does not assume any responsibility orliability for any misrepresentations regarding a user's age.
2. Provision and Modification of the Service
You may, in accordance with the Terms, view content provided through the Service and, to theextent permitted by the Site, download content or portions of content provided by theService, to a single personal computer or other storage device. You may not otherwise copy,distribute, or perform the content of the Service, or create derivative works using thatcontent.
You may, in accordance with the Tube18.SeX, upload content, store uploaded content, and shareuploaded content through the pertinent features of the Service.
You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLEbasis. The SITE disclaims all responsibility and liability for the availability, timeliness,security or reliability of the Service or any feature or software included in the Service.The SITE disclaims all responsibility or liability for the acts or commissions of thirdparties whose services, software, content, or advertising may be utilized in connection withor provided by the Service, and you agree that The SITE will not be liable for any suchservices, software, content, or advertising.
The SITE reserves the right at any time to modify or discontinue, temporarily orpermanently, the Service (or any part thereof) with or without notice. The Service may besubject to interruptions, caused by the SITE or others. You agree that the SITE will not beliable for any modification, suspension, interruption or discontinuance of the Service.
3. Access to, Limited License, and Interference with SITE
To access the SITE or some of the resources it has to offer, you may be asked to providecertain registration details or other information. It is a condition of your use of thisSITE that all information you provide will be correct, current, and complete. If the SITEbelieves the information you provide is not correct, current, or complete, the SITE has theright to refuse you access to the SITE or any of its resources, and to terminate or suspendyour access at any time.
The SITE provides the Service for the personal, non-commercial use of viewers, visitors,subscribers or potential subscribers of the Service. You are granted a personal,non-exclusive, nontransferable license to view, on a single computer only, the content ofthe Service. The SITE reserves the right to limit the amount of materials viewed. Commercialuse of any content of the Service, other than your own commercial use of User Content youhave uploaded, is strictly prohibited. In addition, except with respect to User Content thatyou have uploaded, you may not: (i) modify any of the materials provided by the Service;(ii) copy, reproduce, publically display or perform, distribute, or prepare derivative worksfrom any of the content of the Service; (iii) remove, modify or alter any copyright,trademark, or other attribution or proprietary notice from any of the materials used in theService; or (iv) otherwise transfer any material provided through the Service to any otherperson or entity. The SITE reserves the right to terminate this license at any time if youbreach or violate any provision of these Tube18.SeX, in which case you will be obligated toimmediately destroy any materials you have obtained from this Site.
By submitting, posting, or communicating User Content using the Service, you grant to theSITE an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free,worldwide license to: (1) use, copy, publicly perform, publicly display, reformat,translate, excerpt (in whole or in part) and distribute the User Content in or through anymedium now known or hereafter invented, for any purpose; (2) to prepare derivative worksusing the User Content, or to incorporate it into other works, for any purpose; and (3) togrant and authorize sublicenses of any or all of the foregoing rights.
The SITE does not assert any ownership over your User Content; rather, as between the SITEand you, subject to the rights granted to us in these Tube18.SeX, you retain full ownership of allof your User Content and any intellectual property rights or other proprietary rightsassociated with your User Content.
B. Limited License
Subject to these Terms and Conditions and in consideration of using the SITE, the SITEhereby grants you a limited, non-exclusive, non-transferable personal license to access anduse the SITE and the Materials contained therein. The SITE provides the Materials on thisSITE for the personal, non-commercial use by viewers, fans, visitors, subscribers and/orpotential subscribers of said SITE. Users of this SITE are granted a single copy license toview Materials (on a single computer only). All Materials on the SITE shall be for privatenon-commercial use only, and all other uses are strictly prohibited. SITE reserves the rightto limit the amount of materials viewed. You agree to prevent any unauthorized copying ofthe SITE, or any of the Materials contained therein. Any unauthorized use of the SITE or anyof the Materials contained therein terminates this limited license effective immediately.This is a license to use and access the SITE for its intended purpose and is not a transferof title. You represent and warrant that you will not allow any minor access to this SITEand that you will not copy or redistribute any of the content appearing on this SITE. SITEreserves the right to terminate this license at any time if you breach or violate anyprovision of this Agreement, in which case you will be obligated to immediately destroy anyinformation or materials you have downloaded, printed or otherwise copied from this SITE.Violators of this limited license may be prosecuted to the fullest extent under theapplicable law.
Except where expressly permitted by law, you may not translate, reverse-engineer, decompile,disassemble or make derivative works from our SITE's Materials. User hereby agrees not touse any automatic device or manual process to monitor or reproduce the SITE, and will notuse any device, software, computer code, or virus to interfere or attempt to disrupt ordamage the SITE or any communications on it.
The SITE grants you permission to access and use the Service as set forth in these Tube18.SeX, andin exchange you represent, warrant and agree as follows:
> You will access and use the Service solely for your own personal use;
> You will comply with all applicable laws and regulations in using the Service and anycontent of the Service;
> You will not use the Service in any illegal manner or for any illegal purpose, in anyother manner that could damage, disable, overburden or impair the Service, or in any mannerinconsistent with these Tube18.SeX;
> You will not use any automated system, software, or device to use the Service or obtaincontent or information from the Service;
> You will not use any automated system, software, or device to generate or send unsolicitedcommunications to, from, or through the Service;
> You will not collect personally identifiable information, including without limitationaccount names or e- mail addresses, from the Service or, nor use the communication systemsprovided by the Service for purposes of sending any commercial solicitation, except asexpressly permitted by these Tube18.SeX;
> You will not upload, post, or otherwise transmit any material that contains softwareviruses or any other computer code designed to interfere with the functionality of theService or any other computer software or hardware or telecommunications equipment;
> You will not defeat or interfere with any security feature of the Service, or attempt todo so;
> You will not alter or modify any content or component of the Service, other than contentyou have uploaded using the Service;
> You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for anycommercial purpose, any content (other than content you have uploaded using the Service) orany component of the Service, or any use of or any access to the Service, without the priorwritten permission of the SITE.
4. Your Conduct and Your Use of the Service
The SITE Service and all of its components are intended only for adults who may legallyaccess and use them. The Service provides access to sexually explicit material. In addition,the Service may provide you with the ability to communicate with other users of the Service,and to upload, store, and share content.
You are responsible for your own use of this Service. You acknowledge that you are solelyresponsible for any audio, video, music, text, links, or other content that you post,publish, upload, display or communication through the Service (collectively "User Content"),and for the consequences of posting, publishing, uploading or displaying any User Content.
You agree that you will not use the Service to post, transmit, or share User Content thatyou did not create or that you do not have permission to use and share through the Service.You affirm that you have all intellectual property rights (including without limitationcopyright and trademark rights), licenses, and permissions that are needed to use and toauthorize the SITE to use User Content you provide in the manner described in these Tube18.SeX. Bysubmitting, uploading or posting User Content, you warrant that it does not infringe anyintellectual property rights of another person.
You understand it is generally illegal to record or publish any sexually explicit videowithout the consent of all participants to the recording and publication of such material.You also understand that it may be illegal to publish any video or audio recording ofanother person for a commercial purpose without their consent. By submitting or posting UserContent, you warrant that every person depicted in any sexually explicit material containedin the User Content has consented to the recording of that material and its publication inthe manner contemplated by these Tube18.SeX. Merely publishing or displaying User Content throughthe Service does not necessarily constitute using it for a commercial purpose. Nonetheless,by submitting or posting User Content you also warrant that you have obtained any and allpermissions, releases, and consents necessary to record, publish and display the UserContent for a commercial purpose.
You understand that it is illegal to possess or distribute any depiction of a minor engagedin any actual or simulated sexually explicit conduct. You agree that you will not use theService to solicit, post, transmit, or share child pornography. The use of the Service topublish or transmit child pornography will not be tolerated. If identified, it will bereported to law enforcement authorities, and will result in termination of your account. Bysubmitting or posting any User Content containing sexually explicit material, you warrantthat you have determined, through personal knowledge or the use of appropriate legal formsof identification, that all persons depicted in any sexually explicit material are at least18 or 21 years of age, and have reached the legal age determined by the governing law ofyour country to participate in the recording and publication of sexually explicit material.
You agree that you will not use the Service to post, transmit, or share User Content that isdefamatory or invasive of the privacy of another person, graphically violent, physicallythreatening, intended for any illegal purpose, or otherwise illegal. By submitting orposting User Content, you warrant that it is not defamatory or invasive of the privacy ofany other person, graphically violent, physically threatening, or otherwise illegal.
You acknowledge that the SITE does not promise that any User Content you submit to it orthat you communicate using the Service will be maintained by the SITE. You are solelyresponsible for creating backup copies of and replacing any User Content you submit to theSITE or post on the Service, at your own cost and expense. You agree that the SITE has noresponsibility or liability for the deletion of, or the failure to store or to transmit, anyUser Content. The SITE retains the right to create limits on use and storage at its solediscretion, at any time, with or without notice.
The SITE respects the intellectual property rights of others. We prohibit users fromuploading, posting or otherwise transmitting materials that violate the intellectualproperty rights of others. When we receive notification of alleged copyright infringementthat complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), wepromptly remove or disable access to the allegedly infringing material. We also terminatethe accounts of repeat infringers.
If you are a copyright owner or an agent thereof and you believe that any content of theService infringes your copyrights, you may submit a notice by following the directions onour DMCA Page.
6. Sponsors, Advertisers and Third Parties
The Service may provide links to sponsor, advertiser, or other third party websites that arenot owned or controlled by the SITE. Inclusion of, linking to, or permitting the use orinstallation of any third party site, applications, software, content or advertising doesnot imply approval or endorsement thereof by the SITE. The SITE has no control over, andassumes no responsibility for, the content, privacy policies, or practices of any thirdparties. By accessing or using the Service, you agree to release the SITE from any and allliability arising from your use of any third-party website, content, service, or softwareaccessed through the Service.
Your communications or dealings with, or participation in promotions of, sponsors,advertisers, or other third parties found through the Service, are solely between you andsuch third parties. You agree that the SITE shall not be responsible or liable for any lossor damage of any sort incurred as the result of any dealings with such sponsors, thirdparties or advertisers, or as the result of their presence in the Service.
The SITE may, in its sole discretion, terminate your access to the Service, delete anycontent or information that you have posted or communicated through the Service, and/orprohibit you from using the Service, at any time, with or without notice, and for anyreason, including but not limited to violation of these Tube18.SeX.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THESERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE EXPRESSLY DISCLAIMS ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITATION, THE SITE MAKES NO WARRANTY THAT: (1) THE SERVICE WILLMEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ORERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BEACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHERMATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (5)ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SERVICE WILL BE CORRECTED; OR (6) OR THATTHE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No advice or information, oral or written, obtained by you from the SITE, shall create anywarranty not expressly stated in the Terms and Conditions.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITEDTO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THESITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THEINABILITY TO USE THE SERVICE.
IN PARTICULAR, AND WITHOUT LIMITATION, THE SITE WILL HAVE NO LIABILITY FOR DAMAGES ARISINGFROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THESERVICE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH ASVIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOURPOSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY PROVIDED THROUGHTHE SERVICE; OR (4) AS OTHERWISE PROVIDED IN THE TERMS AND CONDITIONS.
UNDER NO CIRCUMSTANCES WILL THE SITE'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISINGOUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE EXCEED THE GREATER OF THEAMOUNT PAID BY YOU TO THE SITE OR $100.
11. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OREXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THEABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OFWARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU AND THE SITE. THAT ALLOCATIONIS REFLECTED IN THE DELIVERY OF FREE CONTENT TO YOU BY THE SITE, AND IS AN ESSENTIAL ELEMENTOF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OFALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLYNOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
You agree to hold harmless and indemnify the SITE, and its subsidiaries, affiliates,officers, agents, and employees from and against any third-party claim arising from or inany way related to your use of the Service, including any liability or expense arising fromall claims, losses, damages (actual and consequential), suits, judgments, litigation costsand attorneys' fees, of every kind and nature. The SITE will make reasonable efforts toprovide you with written notice of any such claim, suit or action, but the failure of theSITE to provide such notice will not relieve you of these obligations.
13. Contacting the Site
If you have any questions or concerns about the Tube18.SeX or the Site, please contact us using our Contact Form.
I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY THEM.