1. ACCEPTANCE
By using and/or visiting the XVix website (collectively,
including but not limited to all Content, Uploads and User Submissions
available through XVix.eu, "XVix", the website) you agree to the
terms and conditions contained herein and the terms and conditions of XVix'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 XVix.eu
The terms and conditions of this Agreement are subject to
change by XVix 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 XVix.eu
The terms and conditions contained herein apply to all users
of XVix whether a 'visitor' or a 'member' and you are only authorized to use
XVix.eu 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 XVix 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, XVix contains video content, information and other
materials posted/uploaded by users. XVix allows its users to view the Content
and Website subject to the terms and conditions of this Agreement.
The XVix website may also contain certain links to third
party websites which are in no way owned or controlled by XVix. XVix assumes no
responsibility for the content, privacy policies, practices of any and all
third party websites. XVix cannot censor or edit the content of third party
sites. You acknowledge that XVix will not be liable for any and all liability
arising for your use of any third-party website.
XVix.eu is for your personal use and shall not be used for
any commercial endeavor except those specifically endorsed or approved by
XVix.eu. Any illegal and/or unauthorized use of XVix is prohibited including
but not limited to collecting usernames and e-mail addresses for sending
unsolicited emails or unauthorized framing or linking to the XVix 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 XVix. You agree that
you shall not (nor others using your account) post, upload, publish, transmit
or make available in any way on XVix 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 XVix 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 XVix 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 XVix 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 XVix in any way that exposes XVix to criminal or civil liability.
You agree that XVix 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 XVix 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 XVix,
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. XVix
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 XVix or features that prevent
or restrict use or copying of any Content or enforce limitations on use of the
XVix Website or the Content therein.
6. USER SUBMISSIONS
XVix 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, XVix does not guarantee any confidentiality with
respect to any submissions.
XVix 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 XVix 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 XVix, you hereby grant XVix
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 XVix Website and XVix's
(and its successor's) business, including without limitation for promoting and
redistributing part or all of the XVix Website (and derivative works thereof)
in any media formats and through any media channels. You also hereby grant each
user of the XVix 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 XVix 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 XVix all of the license rights granted herein;
5. publish
falsehoods or misrepresentations that could damage XVix 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. XVix does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and XVix expressly disclaims any
and all liability in connection with User Submissions. XVix does not permit
copyright infringing activities and infringement of intellectual property
rights on its Website, and XVix will remove all Content and User Submissions if
properly notified that such Content or User Submission infringes on another's
intellectual property rights. XVix reserves the right to remove Content and
User Submissions without prior notice or delay. XVix 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, XVix 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. XVix 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 XVix.eu, you
will be exposed to User Submissions from a variety of sources, and that XVix 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
XVix with respect thereto, and agree to indemnify and hold XVix, 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
XVix 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
XVix network or services at any time, for any reason, or for no reason at all,
with or without notice.
XVix provides its website as a service to its users.
However, XVix assumes no responsibility whatsoever for monitoring the XVix
Services for inappropriate content or conduct. If at any time XVix chooses, in
its sole discretion, to monitor the XVix Services, however, XVix 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. XVix 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
XVix 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 XVix. XVix shall not condone child pornography and will cooperate with all
governmental agencies that seek those who produce child pornography.
9. FEES
You acknowledge that XVix reserves the right to charge for
XVix services and to change its fees from time to time in its discretion.
Further more, in the event XVix 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 XVix to participate in the XVix 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 XVix, you must agree to the
terms of XVix'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
XVix with regard to its users may be disclosed in accordance with the XVix
Privacy Policy.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE XVix WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, XVix, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. XVix 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 XVix WEBSITE. XVix DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE XVix WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND XVix 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 XVix 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 XVix, 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 XVix 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 XVix 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 XVix, 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 XVix 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 XVix 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 XVix 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.
