1. ACCEPTANCE
By using and/or
visiting the WankTV.com website (collectively, including but not limited to all
Content, Uploads and User Submissions available through WankTV.com, "WankTV.com",
the website) you agree to the terms and conditions contained herein and the
terms and conditions of WankTV.com's privacy policy incorporated herein, and
all future amendments and modifications (collectively referred to as the
"Agreement"). By entering, you agree to be bound by these terms and
conditions. If you do not agree to be bound the terms and conditions contained
herein, then do not use WankTV.com.
The terms and
conditions of this Agreement are subject to change by WankTV.com at any time in
its sole discretion and you agree be bound by all modifications, changes and/or
revisions. If you do not accept to be bound by any and all modifications, changes
and/or revisions of this agreement, you many not use WankTV.com.
The terms and
conditions contained herein apply to all users of WankTV.com whether a
'visitor' or a 'member' and you are only authorized to use WankTV.com if you
agree to abide by all applicable laws and be legally bound by the terms and
conditions of this Agreement.
2. DESCRIPTION
OF SERVICES
The WankTV.com
website allows for uploading, sharing and general viewing various types of
content allowing registered and unregistered users to share and view visual
depictions of adult content, including sexually explicit images. In addition, WankTV.com
contains video content, information and other materials posted/uploaded by
users. WankTV.com allows its users to view the Content and Website subject to
the terms and conditions of this Agreement.
The WankTV.com
website may also contain certain links to third party websites which are in no
way owned or controlled by WankTV.com. WankTV.com assumes no responsibility for
the content, privacy policies, practices of any and all third party websites. WankTV.com
cannot censor or edit the content of third party sites. You acknowledge that WankTV.com
will not be liable for any and all liability arising for your use of any
third-party website.
WankTV.com is
for your personal use and shall not be used for any commercial endeavor except
those specifically endorsed or approved by WankTV.com. Any illegal and/or
unauthorized use of WankTV.com is prohibited including but not limited to
collecting usernames and e-mail addresses for sending unsolicited emails or
unauthorized framing or linking to the WankTV.com website is prohibited.
3. ACCESS
In order to use
this website, you affirm that you are at least eighteen (18) year of age and/or
over the age of majority in the jurisdiction you reside and from which you
access the website where the age of majority is greater than eighteen (18)
years of age. If you are under the age of 18 and/or under the age of majority
in the jurisdiction you reside and from which you access the website, then you
are not permitted to use the website.
4. USER CONDUCT
You acknowledge
and agree that you shall be responsible for your own user submissions and the consequences
of posting, uploading, publishing transmitting or other making them available
on WankTV.com. You agree that you shall not (nor others using your account)
post, upload, publish, transmit or make available in any way on WankTV.com
content which is illegal, unlawful, harassing, harmful, threatening, tortuous,
abusive, defamatory, obscene, libelous, invasive of one's privacy including but
not limited to personal information, hateful, racial. You also agree that you
shall not post, upload, publish, transmit or make available in any way on WankTV.com
software containing viruses or any other computer code, files, or programs
designed to destroy, interrupt, limit the functionality of, or monitor, or
persistently reside in or on any computer software or hardware or
telecommunications equipment. You agree that you shall not (nor others using
your account) post, upload, publish, transmit or make available in any way on WankTV.com
content which is intentionally or unintentionally violating any applicable
local, state, national, or international law, or any regulations or laws having
the force of law where you reside and elsewhere, including but not limited to
any laws or regulations relating to securities, privacy, and export control;
engage in, promote, You agree that you shall not (nor others using your
account) post, upload, publish, transmit or make available in any way on WankTV.com
content depicting illegal activities, promote or depict physical harm or injury
against any group or individual, or promote or depict any act of cruelty to
animals; You agree not to use WankTV.com in any way that exposes WankTV.com to
criminal or civil liability.
You agree that WankTV.com
shall have the right to determine in its sole and unfettered discretion, what
action shall be taken in the event of any discovered or reported violation of
the terms and conditions contained herein.
5. INTELLECTUAL
PROPERTY
The Content
contained on the WankTV.com with the exception of User Submissions including
but not limited to the text, software, scripts, graphics, music, videos,
photos, sounds, interactive features and trademarks, service marks and logos
contained therein, are owned by and/or licensed to WankTV.com, subject to
copyright and other intellectual property rights under United States, Canada
and foreign laws and international conventions. Content on the Website is
provided to you AS IS for your information and personal use only and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. WankTV.com reserves all rights
not expressly granted in and to the Website and the Content. You agree to not
engage in the use, copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, and/or distribution of
User Submissions of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal use, you
must retain all copyright and other proprietary notices contained therein. You
agree not to disable, circumvent, or otherwise interfere with security related
features of the WankTV.com or features that prevent or restrict use or copying
of any Content or enforce limitations on use of the WankTV.com Website or the
Content therein.
6. USER
SUBMISSIONS
WankTV.com
permits the submission of video and other communications and the hosting,
sharing and publishing of such user submissions. You understand that whether or
not such User Submissions are published and/or uploaded, WankTV.com does not
guarantee any confidentiality with respect to any submissions.
WankTV.com
allows/permits you to link to materials on the Website for personal,
non-commercial purposes only.
You shall be
solely responsible for any and all of your own User Submissions and the
consequences of posting, uploading and publishing them. Furthermore, with User
Submissions, you affirm, represent and/or warrant that:
1.
you own or retain the necessary licenses, rights, consents, and
permissions to use and authorize WankTV.com to use all trademarks, copyrights,
trade secrets, patents, or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service; and
2.
you will not post, or allow anyone else to post, any material that
depicts any person under the age of 18 years and you have inspected and are
maintaining written documentation sufficient to confirm that all subjects of
your submissions are, in fact, over the age of 18 years.
3.
You have the written consent, release, and/or permission of each and
every identifiable individual person in the User Submission to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. By submitting the User Submissions
to WankTV.com, you hereby grant WankTV.com a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the WankTV.com Website and WankTV.com's (and its
successor's) business, including without limitation for promoting and
redistributing part or all of the WankTV.com Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the WankTV.com Website a non-exclusive license to access
your User Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions as
permitted through the functionality of the Website and under these Terms of
Service. The foregoing license granted by you terminates once you remove or
delete a User Submission from the WankTV.com Website.
In submitting
material (video or other communication), you further agree that you shall not:
4.
submit material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant WankTV.com all of
the license rights granted herein;
5.
publish falsehoods or misrepresentations that could damage WankTV.com or
any third party;
6.
submit material that is obscene, illegal, unlawful, , defamatory,
libelous, harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate;
7.
post advertisements or solicitations of business;
8.
Impersonate another person. WankTV.com does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and WankTV.com
expressly disclaims any and all liability in connection with User Submissions. WankTV.com
does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and WankTV.com will remove all
Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. WankTV.com
reserves the right to remove Content and User Submissions without prior notice
or delay. WankTV.com will also terminate a User's access to its Website, if
they are determined to be an infringer. While pornographic and adult content
are accepted, WankTV.com also reserves the right to decide in its sole and
unfettered discretion, whether Content or a User Submission is appropriate and
complies with these Terms of Service for violations other than copyright
infringement and violations of intellectual property law, such as, but not
limited to, obscene or defamatory material, or excessive length. WankTV.com may
remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
You understand
and acknowledge that when using WankTV.com, you will be exposed to User
Submissions from a variety of sources, and that WankTV.com is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against WankTV.com
with respect thereto, and agree to indemnify and hold WankTV.com, its Owners,
affiliates, operators, and/or licensors, harmless to the fullest extent allowed
by law regarding all matters related to your use of the website. You agree that
WankTV.com may at its sole discretion have the right to refuse to publish,
remove, or block access to any User Submission that is available via the
Website or other WankTV.com network or services at any time, for any reason, or
for no reason at all, with or without notice.
WankTV.com
provides its website as a service to its users. However, WankTV.com assumes no
responsibility whatsoever for monitoring the WankTV.com Services for
inappropriate content or conduct. If at any time WankTV.com chooses, in its
sole discretion, to monitor the WankTV.com Services, however, WankTV.com
assumes no responsibility for the content, no obligation to modify or remove
any inappropriate content, and no responsibility for the conduct of the User
submitting any such content. WankTV.com may review and delete any User
Submissions that, in its sole judgment, violates this Agreement or may be
otherwise offensive or illegal, or violate the rights, harm, or threaten the
safety of any User or person not associated with the Website (collectively
"Inappropriate User Submissions"). You are solely responsible for the
User Submissions that you make visible on the Website or to any third-party
website via an embedded player provided by the Website or any other material or
information that you transmit or share with other Users or unrelated
third-parties via the Website.
7. ACCOUNT
TERMINATION POLICY
1.
A User's access to theWebsite will be terminated if, under appropriate
conditions, the User is determined to infringe repeatedly.
2.
The Website reserves the right to decide whether Content or if a User's
Submission is appropriate and complies with these Terms and Conditions in
regards to violations other than copyright infringement or privacy law, such
as, but not limited to, hate crimes, pornography, obscene or defamatory
material, or excessive length. Website may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of these
Terms and Conditions at any time, without prior notice and at its sole
discretion.
8. POLICY
WankTV.com
abides by a ZERO TOLERANCE policy relating to any illegal content. Child
Pornography, bestiality, rape, torture, snuff, death and/or any other type of
obscene and/or illegal material shall not be tolerated by WankTV.com. WankTV.com
shall not condone child pornography and will cooperate with all governmental
agencies that seek those who produce child pornography.
9. FEES
You acknowledge
that WankTV.com reserves the right to charge for WankTV.com services and to
change its fees from time to time in its discretion. Further more, in the event
WankTV.com terminates your rights to use the website because of a breach of
this Agreement, you shall not be entitled to the refund of any unused portion
of subscription fees.
10. WARRANTIES
You represent
and warrant that all of the information provided by you to WankTV.com to
participate in the WankTV.com website is accurate and current and you have all
necessary right, power, and authority to enter into this Agreement and to
perform the acts required of you hereunder.
As a condition
to using the WankTV.com, you must agree to the terms of WankTV.com's privacy
policy and its modifications. You acknowledge and agree that the technical
processing and transmission of the Website, including your User Submissions,
may involve transmissions over various networks; and changes to conform and
adapt to technical requirements of connecting networks or devices. You further
acknowledge and agree that other data collected and maintained by WankTV.com
with regard to its users may be disclosed in accordance with the WankTV.com
Privacy Policy.
11. WARRANTY
DISCLAIMER
YOU AGREE THAT
YOUR USE OF THE WankTV.com WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WankTV.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND YOUR USE THEREOF. WankTV.com MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
9.
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
10.
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
11.
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
12.
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
13.
ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE WankTV.com WEBSITE. WankTV.com DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WankTV.com WEBSITE
OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WankTV.com
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT WankTV.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. LIMITATION
OF LIABILITY
IN NO EVENT
SHALL WankTV.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY
14.
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
15.
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
16.
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
17.
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
18.
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
19.
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE WankTV.com WEBSITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WankTV.com SHALL NOT
BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
13. INDEMNITY
You agree to
defend, indemnify and hold harmless WankTV.com, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from:
20.
your use of and access to the WankTV.com Website;
21.
your violation of any term of these Terms of Service;
22.
your violation of any third party right, including without limitation any
copyright, property, or privacy right; or
23.
Any claim that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will survive these Terms of
Service and your use of the WankTV.com Website.
You affirm that
you are either more than 18 years of age or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and comply with
these Terms and Conditions contained herein.
14. ASSIGNMENT
The Terms and
Conditions contained herein and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by WankTV.com
without restriction.
If any term,
clause or provision of the agreement is held invalid or unenforceable by a
court of competent jurisdiction, such invalidity shall not affect the validity
or operation of any term, clause or provision and such invalid term, clause or
provision shall be deemed to be severed from this Agreement.
15.
JURISDICTION
This Agreement
shall be governed by and construed in accordance with the laws of the site
operator's country, without regard to conflicts of law principles. The sole and
exclusive jurisdiction and venue for any action or proceeding arising out of or
related to this Agreement shall be in an appropriate court located in the
appropriate jurisdiction. You hereby submit to the jurisdiction and venue of
said Courts. You consent to service of process in any legal proceeding.
