Created: October 15, 2015
Last Updated: October 15, 2015
This policy describes the types of information the Company may collect from you or that you may provide when you visit the website located at Spankwire (the “Website”) and the Company’s practices for collecting, using, keeping, protecting, and disclosing that information. The provider of the Website is the responsible data controller in the sense of Article 4 (7) of European Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the „GDPR“).
This policy applies to information the Company collects:
- On the Website (including desktop and mobile versions).
- In email, text, and other electronic messages between you and the Company.
- When you interact with the Company’s advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
- When you interact with the Website through third-party social media platforms.
It does not apply to information collected by:
- the Company offline or through any other means, including on any other website operated by the Company or any third party (including the Company’s affiliates and subsidiaries); or
- any third party (including the Company’s affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from (or on) the Website.
Please read this policy carefully to understand the Company’s policies and practices regarding your information and how the Company will treat it. If you do not agree with the Company’s policies and practices, your choice is not to use the Website. By accessing or using the Website, you agree to this policy and consent to the Company’s collection, use, disclosure, retention, and protection of your personal information as described in this policy. The Company may change this policy on one or more occasions. The Company will consider your continued use of the Website after the Company makes changes as your acceptance of the changes, so please check this policy frequently for updates.
1. Are minors welcome?
The Website is not intended for persons under 18-years old. You will only access the Website or register if (1) you are at least 18-years old and (2) have reached the age of majority where you live. The Company prohibits all persons who do not meet the age requirements from accessing the Website. Minors must not access the Website or use its services.
The Company does not knowingly collect any information about children, minors, or anyone under the age of majority. Nor does the Company knowingly market to children, minors, or anyone under 18-years old. If you are under 18-years old, you must not submit information to the Company and must leave the Website. If the Company becomes aware that a child, minor, or anyone under 18-years old has registered with the Website and provided the Company with personal information, the Company will take steps to cancel that account. If the Company cancels your account because you are under 18-years old, the Company may keep your email and IP address to make sure that you do not try to get around the rules by creating a new account.
Legal Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse:CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
What types of information does the Company collect about you and how is it collected?
The Company may collect several types of information from and about users of the Website, including information: Personal data, or personal information, means any information about an individual from which that person can be identified by (“Personal Information”). It does not include data that has been anonymized or pseudonymized. We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:
Persons who visit the Website without logging in or registering “unregistered users”
- Technical Data includes internet protocol (IP) address, which we pseudonymize (a technique that replaces or removes information in the dataset that identifies an individual), browser type and version, time zone setting and location, operating system and platform and other technology on the devices you use to access this Website.
- User Submitted Data includes data collected at your direction for a specific function, for example a contest or survey.
- Usage Data includes aggregated information about how you use our Website, products and services.
Persons who choose to create an account “registered users”
- Identity Data includes, username or similar identifier, date of birth and gender.
- Contact Data includes email address.
- Financial Data in case of purchases includes payment card details.
- Transaction Data in case of purchases, it may include details about payments to and from you and other details of products and services you have purchased or received from us.
- Technical Data includes pseudonymized internet protocol (IP) address, your login data, browser type and version, time zone setting and location, operating system and platform and other technology on the devices you use to access this Website.
- User Submitted Data includes data collected at your direction for a specific function, for example your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our Website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Information You Provide to the Company.
The information the Company collects on or through the Website may include:
- Information that you provide by filing in forms on the Website. This includes information provided at the time signing up for an account or requesting further services. The Company may also ask you for information when you report a problem with the Website or a service.
- Records and copies of your correspondence (including email addresses), if you contact the Company.
- Your responses to surveys that the Company might ask you to complete for research purposes.
- Details of transactions you carry out through the Website and of the fulfillment of your requests. You may be required to provide financial information before placing an order through the Website.
- Your search queries on the Website.
You also may provide information to be published or displayed (“posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “user contributions”). Your user contributions are posted on the Website and transmitted to others at your own risk. Although you may set certain privacy settings for this information by logging into your account, please be aware that no security measures are perfect or impenetrable. Additionally, the Company cannot control the actions of other users of the Website with whom you may choose to share your user contributions. Thus, the Company cannot and does not guarantee that your user contributions will not be viewed by unauthorized persons.
Information the Company Collects through Automatic Data Collection Technologies.
As you navigate through and interact with the Website, the Company may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and Internet connection, including your IP address, operating system, and browser type.
- Information about your mobile device and Internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
The Company also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information the Company collects automatically is statistical data and does not include personal information, but the Company may keep it or associate it with personal information the Company collects in other ways or receive from third parties. It helps the Company to improve the Website and to deliver a better and more personalized service, including by allowing the Company to:
- Estimate the Website’s audience size and usage patterns.
- Store information about your preferences, thus allowing the Company to customize the Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Website.
The technologies the Company uses for this automatic data collection may include:
- Flash Cookies Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website. Flash cookies are not managed by the same browser 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 Website (and the Company’s emails) may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages (or opened an email) and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). If you want to learn more about web beacons, please visit www.allaboutcookies.org/web-beacons/.
The Company does not collect personal information automatically, but it may tie this information to personal information about you that the Company collects from other sources or you provide to the Company.
1. How does the Company use your information?
The Company may use information that it collects about you or that you provide to the Company, including any personal information:
- To present the Website and its contents to you.
- To provide you with information, products, or services that you request from the Company.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account.
- To carry out the Company’s obligations and enforce its rights arising from any contracts entered into between you and the Company.
- To notify you about changes to the Website or any products or services the Company offers or provides through the Website.
- To allow you to participate in any interactive features on the Website.
- To monitor and analyze trends, usage, and activities in connection with the Website and for marketing or advertising purposes.
- To investigate and prevent fraudulent transactions, unauthorized access to the Website, and other illegal activities.
- To personalize the Website content, features, or advertisements.
- In any other way the Company may describe when you provide the information.
- For any other purpose with your consent.
The Company may also use your information to contact you about the Company’s own and third parties’ goods and services that may be of interest to you. If you do not want the Company to use your information in this way, please send the Company an email at email@example.com or log into your account and adjust your email preferences. For more information, see What choices do you have about how the Company uses and disclose your information.
The Company may use the information it has collected from you to allow the Company to display advertisements to its advertisers’ target audiences. Even though the Company does not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
2. Purposes for Which We Use Your Personal Information
In general, we use information that we collect about you or that you provide to us, including Personal Information and Sensitive Personal Information, for following purposes:
- Provision of services (Registered Members Only): to present our Website and its contents to you, including any interactive features on our Website, and to provide you with information, products or services that you request from us; we also collect and use Personal Information to verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- Customer management (Registered Members Only): to manage a registered users’ account, to provide customer support and notices to the registered user about his account or subscription, including expiration and renewal notices, and notices about changes to our Website or any products or services we offer or provide through it;
- Customization of content (Registered Members Only): to perform research and analysis about your use of, or interest in, our Website content, products, or services, in order to develop and display content and advertising tailored to your interests on our Website and other sites;
- Analytics: to determine whether users of the Website are unique, or whether the same user is using the Website on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed, demographic patterns;
- Functionality and security: to diagnose or fix technology problems, and to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement;
- Compliance: to enforce our terms and conditions and to comply with our legal obligations;
3. With whom does the Company share your information?
The Company may disclose aggregated information about its users, and information that does not identify any individual, without restriction.
The Company may disclose personal information that it collects or you provide as described in this policy:
- To the Company’s subsidiaries and affiliates.
- Service providers. To our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, risk and fraud detection and mitigation, providing customer service, performing business and sales analysis, customization of content, analytics, security, supporting our Website functionality, surveys and other features offered through our Website. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concerning or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about the Website’s users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures. The Company contractually requires these third parties to keep personal information confidential and use it only for the purposes for which the Company discloses it to them. For more information, see What choices do you have about how the Company uses and discloses your information.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by the Company when you provide the information.
- With your consent.
The Company may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If the Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, its customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
4. When you put information about yourself on the Website, what do the other users see?
To make sure you get to meet as many people as possible, other users get to see your username and any information you post on your profile, including photos and videos. Any information you choose to provide should reflect how much you want other users to know about you.
The Company recommends and encourages you (and all users) to think carefully about the information you disclose about yourself. The Company does not recommend that you put email addresses, URLs, phone numbers, full name, postal address, credit card details, national identity numbers, drivers’ license details, or other sensitive information in your profile, which is open to abuse and misuse.
Please be careful about posting sensitive details about yourself on your profile. While you may voluntarily provide this information to the Company when you create your profile, there is no requirement to do so. Please remember that photographs or any video clips that you post on the Website may reveal these kinds of sensitive personal data. Where you do upload and choose to tell the Company sensitive information about yourself, you are expressly consenting to the Company processing your information and making this public to other users.
5. What choices do you have about how the Company uses and discloses your information?
The Company strives to provide you with choices about the personal information you provide to the Company. The Company has created mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Advertising. If you do not want the Company to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by changing your email preferences in your account settings. You can also always opt out by sending the Company an email stating your request to firstname.lastname@example.org.
- Promotional Offers from the Company. If you do not want to have your email address used by the Company to promote its own or third parties’ products or services, you can opt out by changing your email preferences in your account settings or by sending the Company an email stating your request to email@example.com. If the Company has sent you a promotional email, you may send the Company a return email asking to be omitted from future email distributions or click on the “unsubscribe” link at the bottom of the email. This opt out does not apply to information provided to the Company as a result of a service purchase or other transactions.
- Targeted Advertising. If you do not want the Company to use information that it collects or that you provide to it to deliver advertisements according to its advertisers’ target-audience preferences, you can opt out by changing your email preferences in your account settings. You can also always send the Company an email stating your request to firstname.lastname@example.org. For this opt out to function, you must have your browser set to accept browser cookies.
The Company does not control third parties’ collection or use of your information to serve interest-based advertising. But these third parties may provide you with ways to choose not to have your information collected or used in this way.
6. How do you access and correct your information?
7. How does the Company protect your personal information?
The Company has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, change, and disclosure. All information you provide to the Company is stored on its secure servers behind firewalls.
The safety and security of your information also depends on you. Where the Company has given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. The Company asks you not to share your password with anyone. In addition, the Company urges you to be careful about giving out information in public areas of the Website. The information you share in public areas may be viewed by any user of the Website.
The safety and security of your information also depends on you. Where the Company has given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. The Company asks you not to share your password with anyone. In addition, the Company urges you to be careful about giving out information in public areas of the Website. The information you share in public areas may be viewed by any user of the Website.
Warning: The transmission of information over the Internet is not completely secure. Although the Company does its best to protect your personal information, the Company cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. The Company is not responsible for circumvention of any privacy settings or security measures contained on the Website.
8. Where is your personal information kept?
This policy is intended to cover collection of information on or through the Website from residents of the Netherlands. If you are visiting the Website from outside the Netherlands, please be aware that your information may be transferred to, stored, and processed in the Netherlands where the Company’s servers are located and the Company’s central database is operated. The data protection and other laws of the Netherlands and other countries might not be as comprehensive as those in your country. Please be assured that the Company seeks to take reasonable steps to make sure that your privacy is protected. By using the Website, you acknowledge that your information may be transferred to the Company’s facilities and those third parties with whom the Company shares it as described in this policy. When you provide personal information to the Company through the Website, you consent to the processing of your data in, and the transfer of your data to, the Netherlands or any other country in which the Company or its affiliates, subsidiaries, or service providers host these services, including the United States.
9. 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. The Company is committed to providing you with meaningful choices about the information it collects and that is why the Company provides you the ability to opt out. But the Company does 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.
10. Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Website that are California residents to request certain information about the Company’s disclosure of personal information to third parties for their direct marketing purposes. To make this request, please send an email to email@example.com.
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 send an email to firstname.lastname@example.org. Please be advised that if you opt out from permitting your personal information to be shared, you may still receive selected offers directly from the Company in accordance with California law.
11. Links to Other Websites
The Website contains links to other websites. Please be aware that the Company is not responsible for the content or privacy practices of those other websites. The Company encourages its customers to be aware when they leave the Website and to read the privacy statements of any other website that collects personally identifiable information.
12. No Rights of Third Parties
This policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Website.
13. DMCA Takedown Requests
The Website complies with the Digital Millennium Copyright Act (DMCA). If you reasonably believe that your copyrighted work has been used or posted by a third party without your consent, you may follow the instructions on how to report it. By submitting a copyright infringement notice or other communication (including communications about content stored on or transmitted through the Website), you consent to have these communications forwarded to the person or entity who stored, transmitted, or linked to the content addressed by your communication, to facilitate a prompt resolution. The Company forwards DMCA infringement notices (including any personally identifying information contained in the notices) as submitted to the Company without any deletions.
The Company will post any changes it makes to this policy on this page. If the Company makes material changes to how it treats your personal information, the Company will notify you by email to the email address identified in your account or through a notice on the Website homepage. This policy identifies when the Company last updated it at the top of the page. You are responsible for making sure the Company has an up-to-date active and deliverable email address for you, and for frequently visiting the Website and this policy to check for any changes.
15. Contact Information
To ask questions or comment about this policy and the Company’s privacy practices, contact the Company at email@example.com.
Section 230(d) Notice: Under 47 U.S.C. § 230(d), we notify you that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.
Minors prohibited. This Website contains, and directs you to websites containing, pornographic content and is not intended for minors. Only adults who are at least 18-years old that have reached the age of majority in their jurisdiction may access this Website. We forbid all persons who do not meet these age requirements from accessing this Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which we provide for informational purposes only and do not endorse: CYBERsitterTM | Net Nanny ® | CyberPatrol | ASACP.
1.1 The Website provides access to pornographic content that may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature unsuitable for minors. This Website allows users to upload, share, and view user generated pornographic content, including sexually explicit images and videos. You may view all of the content on this Website without registering. But certain features on this Website may be available to registered users only, including the ability to submit content.
1.3 We are not liable for anything that you post or say while you are on the Website and we do not monitor the content of the Website, but if we do see, or someone tells us that you have posted, something that we find inappropriate, we will remove it. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
1.4 We may change these terms on one or more occasions by updating this webpage. The top of the terms will tell you when we last updated them. Changes will take effect on the “last updated” date stated on the top of this webpage. Changes will not operate retroactively. We will try to notify you when we change these terms if we can do so in a commercially reasonable manner. But you should frequently check this webpage to make sure that you are operating under the most current version of the terms. We will consider your continued use of the Website after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.
1.5 If you have any questions about these terms or any questions or comments about this Website, please email us at firstname.lastname@example.org and we will try to get back to you by the end of the next business day.
2. Eligibility Requirements
2.1 This Website contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may access this Website. If you do not meet these age requirements, you must not access this Website and must leave now.
2.2 By accessing the Website, you state that the following facts are accurate:
2.2(A) You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to agree to these terms;
2.2(B) You are aware of the pornographic nature of the content available on the Website and that you are not offended by content of this nature, including content depicting men or women in various sexual situations;
2.2(C) You are familiar with your community’s laws affecting your right to access pornographic materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;
2.2(D) You have the legal right to access pornographic materials, including sexually explicit material depicting bondage, S/M, and other fetish activities and we have the legal right to transmit them to you;
2.2(E) You are voluntarily requesting pornographic materials for your own private enjoyment;
2.2(F) You will not share these materials with a minor or otherwise make them available to a minor; and
2.2(G) By logging on, you will have released and discharged the providers, owners, and creators of this Website from all liability that might arise.
3. Child Pornography Prohibited
We have a zero tolerance policy for pornographic content involving minors and a zero tolerance policy regarding pedophiles or any pedophilic activity. We only allow visual media of consenting adults for consenting adults on this Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at email@example.com. Please include with your report all appropriate evidence, including the date and time of identification. We will immediately investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
4. Ownership of Content; Limited License
4.1 We own or have the license to use:
- the Website, including its past, present, and future versions;
- all webpages found within the Website;
- all the material and information on the Website;
- all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and
- all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Website
Intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect this Website and its content. In using the Website or the content, you will comply with all applicable intellectual property laws, and any specific notices contained on the Website.
4.2 We hereby 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 or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on this Website.
4.3 The license granted in section 4.2 does not include any of the following: (1) resale or commercial use of the Website; (2) distribution, public performance, or public display of the Website or the content; (3) changing or otherwise making any derivative uses of the Website and the content, or any part of the Website or the content, unless we specifically authorize change or derivative use in a separate written agreement with you; (4) use of any data mining, robots, or similar gathering or extraction methods; (5) downloading (other than webpage caching) any portion of the Website or the content except as permitted on the Website; or (6) any other use of the Website or the content other than for its intended purpose. Your license to access the Website does not transfer ownership of or title to a copy of any content that you view or print, and we only authorize you to use your copy according to these terms. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or the content except as authorized by these terms will terminate the license granted here. Unauthorized use of the Website or the content may also violate intellectual property laws or other laws. Unless stated here, nothing in these terms should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We may revoke this license at any time.
5.1 The trademarks, service marks, logos, slogans, and domain names (“marks”) referenced on the Website are either common-law service marks or trademarks, or registered service marks or trademarks that belong to Glorious Holding Investment, and trademark laws in the United States and other countries, as well as international laws and treaties, protect them. Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with Glorious Holding Investment, or that those owners endorse or have any affiliation with this Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to Glorious Holding Investment and its licensors, without advanced written permission from Glorious Holding Investment or the third party who may own the mark.
5.2 You will not reproduce, imitate, or use the Website’s marks in any way that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Website or Glorious Holding Investment. If you do any of this, your actions may amount to infringement of Glorious Holding Investment’s rights or the rights of third parties.
6.1 Account Creation. To fully access the Website, you may have to register. Registration is free and for a single user only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You also will choose a password and a user name.
6.2 Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Further, you are entirely responsible for all activities that occur under your account. You will promptly notify us of any unauthorized use of your account or any other breach of security.
6.3 Liability for Account Misuse. We will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another person due to someone else using your account or password.
6.4 Use of Other Accounts. You will not use anyone else’s account at any time.
6.5 Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. Use of Website
7.1 You state that all information you provided to us is accurate. You will promptly update this information when necessary to make sure that it remains accurate. You state that you have the capacity to consent to these terms and to perform the acts required of you under these terms.
7.2 You are solely responsible for all acts and omissions that occur because of your use of the Website. You are responsible for your own submissions and the consequences of uploading or otherwise making them available on the Website.
7.3 As a condition of your access to the Website (and your continued access of the Website), you will:
7.3(A) Comply with all laws and regulations of any governmental body that apply to your access to the Website and its content, including laws relating to the Internet, data, email, privacy, or the sending of technical data exported from the United States or the country where you live;
7.3(B) Keep your password secure and be responsible for all use of your account;
7.3(C) Not use the Website for any unlawful purpose or in any way that is prohibited by these terms;
7.3(D) Not use the Website in any way that exposes us to civil or criminal liability;
7.3(E) Not use the Website to infringe on the intellectual-property rights of another person, including to make, obtain, post, or otherwise access illegal or infringing copies of copyrighted content;
7.3(F) Not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, infringing, or illegal material to any other user of this Website or to any other person;
7.3(G) Not use the Website to exploit or harm or to try to exploit or harm minors by exposing them to inappropriate content, asking for personal information, or otherwise;
7.3(H) Not use the Website to harass, stalk, or otherwise invade the privacy of another person (including the dissemination of personal information);
7.3(I) Not use the Website to promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;
7.3(J) Not use the Website to engage in false or deceptive advertising or trade practices;
7.3(K) Not use or try to use any other user’s account on the Website;
7.3(L) Not impersonate another person during your use of the Website, including registering or trying to register another person for an account;
7.3(M) Not use any automated means—including robots, crawlers, or data mining tools—to download, monitor, or use data or content from the Website;
7.3(N) Not change, build on, or block any part or functionality of any embeddable player, including links back to the Website;
7.3(O) Not use the Website to collect email addresses for sending unsolicited messages;
7.3(P) Not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
7.3(Q) Not forge headers or otherwise manipulate identifiers to disguise the origin of any information you send;
7.3(R) Not disable, circumvent, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of content, or features that enforce limits on the use of the Website or the content on it, including any digital rights management (DRM) functionality;
7.3(S) Not remove any proprietary notices or labels—including copyright, patent, service mark, or trademark notices—on the content;
7.3(T) Not post, link to, or otherwise make available on the Website any content that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any software, hardware, or telecommunications equipment;
7.3(U) Not send, create, or reply to so-called “mail bombs” (that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single users with malicious intent); engage in “spamming” (that is, unsolicited emailing for business or other purposes); or undertake any other activity that may adversely affect the operation or enjoyment of this Website by another person;
7.3(V) Not reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to any other person;
7.3(W) Not “frame” or “mirror” the Website; or
7.3(X) Not reverse engineer any part of the Website.
7.4 You will only access this Website in accordance with these terms; we prohibit any other use of this Website. We may change, limit, or cancel your access if you fail to comply with these terms. Unauthorized use of the Website or the content may also violate various laws, including copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We may take appropriate action against you for any unauthorized use of the Website or the content, including civil, criminal, injunctive relief, and termination of your access or registration.
8. User Generated Content
8.2 You may link to materials on the Website for personal, noncommercial purposes only. We may offer an embeddable player feature that you may incorporate into your own personal, noncommercial website or blog for use in accessing the materials on this Website on the condition that you include a prominent link back to the Website on the pages containing the embeddable player.
8.3 You keep all of your ownership rights in your submissions. But you hereby grant us, our affiliates, and service providers, and each of their and our respective licensees a worldwide, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, change, prepare derivative works of, perform, display, distribute, and otherwise disclose to third parties the submissions for any purpose. This includes the right to use your submission to promote and redistribute any part of the Website—and derivative works of it—in any media formats and through any media channels. You hereby waive all moral rights in your submissions that may be available to you in any part of the world and you state that no moral rights have been asserted. You also hereby grant each user a nonexclusive license to access your submissions through the Website and to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions as permitted through the functionality of the Website and under these terms. You acknowledge that we have no control over what other users may do with copies of your content if you remove your submissions from the Website.
8.4 For each submission you make to the Website, you state that the following facts are accurate:
8.4(A) You own or have the necessary right to use and authorize us to use all copyrights, patents, service marks, trademarks, trade secrets, and any other proprietary rights in the submission to allow inclusion and use of the submission in the way contemplated by the Website and these terms;
8.4(B) You are not posting any content depicting any person under 18-years old;
8.4(C) You have inspected and are keeping written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older as required by 18 U.S.C. §§ 2257, 2257A, and the implementing regulations; and
8.4(D) You have a signed written consent or release for each identifiable person in the submission to use their name or likeness to allow inclusion and use of the submission in the way contemplated by the Website and these terms.
8.5 You are solely responsible for your submissions and the consequences of posting them to the Website or to any other website through an embedded player provided by the Website or any other material or information that you transmit or share with other users or unrelated persons through the Website. You will not submit to the Website any content:
8.5(A) That is copyrighted, patented, service marked, trademarked, protected by trade secret, or otherwise subject to another person’s intellectual property or proprietary rights—including privacy and publicity rights—unless you own or control the rights or have received permission from the rightful owner to post the content and to grant us all of the license rights granted in section 8.3;
8.5(B) That you do not have a right to transmit under contractual or fiduciary relationships, including insider information, proprietary information, and confidential information learned or disclosed as party of employment relationships or under nondisclosure agreements;
8.5(C) That publishes falsehoods or misrepresentations that could damage us or any other person, or that is otherwise likely to deceive another person;
8.5(D) That is illegal, unlawful, threatening, defamatory, libelous, obscene, seditious, offensive, abusive, likely to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, invasive of privacy, in breach of confidence, in breach of privacy, or may cause annoyance or inconvenience;
8.5(E) That disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any person appearing in or referred to in the submission;
8.5(F) That seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information for improper purposes, or otherwise;
8.5(G) That amounts to or encourages conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise be contrary to the law of, or violate the rights of any other person in, any jurisdiction in the world;
8.5(H) That depicts, portrays, or amounts to animal cruelty or bestiality;
8.5(I) That depicts or portrays minors, pedophilia, incest, rape, extreme violence, torture, urination, paraphilia, or scatophilia;
8.5(J) That amounts to revenge porn, that is content uploaded by intimate partners with the intent of humiliating the partner depicted or that is otherwise uploaded without the consent of all individuals involved;
8.5(K) That advertises or solicits business, including unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8.5(L) That advertises any commercial endeavor or otherwise engages in any commercial activity except as specifically authorized on this Website;
8.5(M) That solicits funds, advertisers, or sponsors;
8.5(N) That impersonates another person or misrepresents your connection to any other person (including an entity), or that otherwise manipulates headers or identifiers to disguise the origin of the content;
8.5(O) That is technically harmful, including computer viruses, logic bombs, Trojan horses, worms, malware, ransomware, harmful components, corrupted data, or other malicious software or harmful data; or
8.5(P) That otherwise violates these terms.
8.6 We are not responsible for, do not endorse, and are not liable for any content submitted to the Website (including content made available on the Website through automated means) or to any other website through an embedded player provided by the Website.
9. Community Features
9.1 The Website may include community features, including the ability to comment on images and videos. You will not post any comments that are infringing, defamatory, libelous, obscene, lewd, excessively violent, harassing, invasive of privacy, unlawful, or otherwise just plain nasty. Please use your best judgment and respect other individuals when using the community 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. You will not use vulgar, abusive, or hateful language. If you do, we may block you from accessing this Website and hold you responsible under these terms. Your use of the community features of this Website is at your own risk and subject to these terms.
9.2 In using the community features, you will not post anything that:
9.2(A) Violates or infringes on the rights of any person, including copyright, trademark, privacy, publicity, moral, contract, or any other personal or proprietary rights;
9.2(B) Plagiarizes any content owned by any person;
9.2(C) Is violent, obscene, defamatory, libelous, harassing, threatening, or otherwise illegal;
9.2(D) Is bigoted, hateful, or otherwise racially offensive;
9.2(E) Harms or may be reasonably expected to harm any person;
9.2(F) Contains commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or solicits others (including solicitations for contributions or donations);
9.2(G) Contains a virus or other harmful component that tampers with, impairs, or damages the Website, service, or any connected network, or otherwise interferes with any person’s use or enjoyment of the Website or service;
9.2(H) Is irrelevant to the chosen topic or theme of the posting;
9.2(I) Discusses illegal activity or posts links to other websites that deal with those activities; or
9.2(J) Consists of antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
10. Monitoring and Enforcement
10.1 We may do any of the following:
10.1(A) Remove or refuse to post any user submission for any reason, including obscene or defamatory material or excessive length;
10.1(B) Take any action against any user submission that we consider necessary or appropriate, including if we believe that the user submission breaches these terms, infringes any intellectual property right of any person (including any entity), threatens the personal safety of users of the Website or the public, or could create liability for us;
10.1(C) Disclose your identity or other information about you to any person who claims that content posted by you violates their rights, including their intellectual-property rights or their right to privacy;
10.1(D) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; or
10.1(E) Terminate or suspend your access to all or part of the Website for any reason, including breach of these terms.
10.2 We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content on or through the Website. You hereby waive any claims you might have against us—including our affiliates, licensees, and service providers—resulting from any action taken by us during or because of our investigations and from any actions taken as a consequence of investigations by either us or law enforcement authorities.
10.3 We cannot and do not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. We will not be liable for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We will not be liable to anyone for performance or nonperformance of the activities described in this section. But if you know of any content posted that violates these terms, please contact us at firstname.lastname@example.org. Please provide as much detail as possible, including a copy of the objectionable content 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.
As a convenience to you, the Website contains links to other websites and resources provided by persons independent from us. We have no control over the contents of those websites or resources and they may contain content that some people might find inappropriate or offensive. We are not liable to you for any loss or damages that may arise from your use of these links, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links), including embedded or third-party feeds from webcam sites. If you decide to access any of the third party websites (or advertisements) linked to this Website, you do so at your own risk and subject to the terms and privacy policies posted on those websites. We recommend that you review the terms and privacy policies posted on all third-party websites. It is your responsibility to take all protective measures to guard against viruses or other destructive elements. Links or advertisements do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any advertisement or linked website is authorized to use any Glorious Holding Investment mark or copyright symbol. We do not endorse the opinions expressed on any website linked to this Website. We may discontinue linking to any linked website at any time. Please contact the webmasters of any linked websites about any information, goods, or services appearing on them.
12. Third Party Content
Through the Website, you will have the ability to access or use content provided by third parties. We cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. We will not be liable to you for your access or use of any third party content.
13. Copyright Infringement
We prohibit copyright infringing activities. If you believe that any content violates your copyright, please see our DMCA policy for instructions on sending us a notice of copyright infringement. It is the policy of Glorious Holding Investment to terminate the user accounts of repeat infringers.
14. Reliance on Information Posted
14.1 We make the information presented on or through the Website available for general information purposes only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We will not be liable for any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
14.2 This Website includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of Glorious Holding Investment. We will not be liable to you or any nonparty for the content or accuracy of any materials provided by any third parties.
15. Changes to the Website; Availability
15.1 Although we may update the content on this Website on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update that material. If you believe you have found errors or omissions on the Website, you can bring them to our attention by contacting us at email@example.com.
15.2 While we will try to make sure that this Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.
16. Information About You and Your Visits to the Website
16.2 By accessing this Website, you acknowledge that Internet transmissions are never completely private or secure. You also acknowledge that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission is encrypted.
16.3 We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
17. Compliance with Laws
The owner of the Website is located in the British Virgin Islands. We are not making any statement that the Website or any of its content is accessible or appropriate outside of the British Virgin Islands. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the British Virgin Islands, you do so on your own initiative and are responsible for complying with all local laws.
18.1 Termination on Notice. Either party may terminate this agreement at any time by notifying the other party.
18.2 Termination by Us. We may suspend, disable, or cancel your access to the Website (or any part of it) if we determine that you have breached any provision of these terms or that your conduct would tend to damage our reputation and goodwill. If we terminate your access for any of these reasons, you must not access the Website. We may block your email address and Internet protocol address to prevent further access.
18.3 Effect of Termination. On termination, your right to access the Website and all licenses granted by us will terminate. These terms will survive the termination of your access to the Website.
19. Disclaimer of Warranties
19.1 You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
19.2 Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. We provide the Website, its content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranties, either express or implied. We are not making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Website. We are not making any warranties (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that our Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
19.3 We are not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, noninfringement, privacy, and fitness for particular purpose.
20. Limit on Liability; Release
20.1 We will not be liable to you for any of the following:
20.1(A) Errors, mistakes, or inaccuracies of content;
20.1(B) Personal injury or property damage resulting from your access to and use of the Website;
20.1(C) Content (including user-generated content) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, abuse, defamatory, libelous, abusive, invasive of privacy, or illegal;
20.1(D) Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
20.1(E) Interruption or cessation of transmission to or from the Website;
20.1(F) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
20.1(G) Incompatibility between the Website and your other services, hardware, or software;
20.1(H) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
20.1(I) Loss or damage of any kind incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
20.2 You hereby release us from all liability arising out of user submissions or the conduct of other users or nonparties, including disputes between you and one or more other users or third parties.
21. Exclusion of Damages; Exclusive Remedy
21.1 Unless caused by our gross negligence or our willful and wanton misconduct, we will not be liable to you for any direct, indirect, special (including so-called consequential damages), punitive, or exemplary damages—regardless of theory of liability—arising out of your access or your inability to access the Website or the content. We also will not be liable to you—regardless of theory of liability—for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
21.2 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. Our maximum liability to you for any claim will not exceed $1.
22. Scope of Disclaimers, Exclusions, and Limits
The disclaimers, exclusions, and limits stated in sections 19, 20, and 21 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits may not apply to you.
23. Loss Payment (aka Indemnification)
23.1 In General. You will pay us for any loss of ours that is caused by (1) your access of the Website; (2) your conduct on the Website; (3) your breach of these terms; (4) your violation of rights of another person, including intellectual property and privacy rights; or (5) your negligent or intentional misconduct. But you are not required to pay if the loss was caused by our intentional misconduct.
23.2(A) “Loss” means an 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 be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
23.2(B) A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
23.3 Our Duty to Notify You. If we have your contact information, we will notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be compelled to pay. But our failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to mitigate losses.
23.4 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. You and we will cooperate with each other in good faith on a claim.
23.5 No Exclusivity. Our rights under this section do not affect other rights we might have.
24. Governing Law; Place for Resolving Disputes
24.1 The laws of the British Virgin Islands—without giving effect to any principles of conflicts of law—govern all matters arising out of (or relating to) the Website or these terms. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a “sale of goods.”
24.2 Except for disputes subject to arbitration, all disputes arising out of (or relating to) the Website or these terms will be subject to the exclusive jurisdiction and venue of the courts in the British Virgin Islands. Each party hereby submits to the personal jurisdiction of the courts in the British Virgin Islands to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
24.3 For purposes of this section, the Website will be deemed solely based in the British Virgin Islands and will be deemed a passive website that does not give rise to personal jurisdiction over Glorious Holding Investment, either specific or general, in any other jurisdiction.
25. Dispute Resolution
25.1 In General. Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of (or relating to) the use of the Website.
25.2 Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process.
25.3 Mediation. If the parties cannot settle a dispute arising out of (or relating to) the Website or these terms through negotiation after 30 days, either party may, by notice to the other party and the BVI International Arbitration Centre, demand mediation under the British Virgin Islands Arbitration Act of 2013. Mediation will take place in Tortola, British Virgin Islands. The language of the mediation will be English. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial discussion between the mediator and the parties. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing.
25.4 Arbitration. If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of (or relating to) the Website or these terms by arbitration under the British Virgin Islands Arbitration Act of 2013. A single arbitrator will preside over the arbitration and issue a final award on all issues submitted to arbitration. Arbitration will take place in Tortola, British Virgin Islands. The language of the arbitration will be English. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case, subject to the arbitrator’s right to award costs and fees under these terms. The arbitrator will not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms, and the arbitrator’s decision will be final and binding. Any court of competent jurisdiction may confirm and enforce the arbitrator’s award. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties.
25.5 Right to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full payment if the other party breaches these terms, and that an aggrieved party may seek injunctive relief if a breach happens, besides seeking all other remedies available at law or in equity.
25.6 Recovery of Expenses. In any adversarial proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section, “prevailing party” means, for any adversarial proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
25.7 Waiver of Jury Trial. Both parties hereby waive the right to a trial by jury for any dispute arising out of (or relating to) the Website or these terms. Either party may enforce this waiver up to and including the first day of trial.
25.8 Class Action Waiver. The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. 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. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
25.9 Limitation on Time to File Disputes. A party will not file a dispute arising out of (or relating to) the Website or these terms more than one year after the cause of action arose. Any dispute brought after one year is barred.
26. General Provisions
26.1 Entire Agreement. These terms form the entire agreement between you and us about your access to the Website. It supersedes all earlier or contemporaneous terms between you and us about access to the Website. A printed version of these terms will be admissible in any proceedings arising out of (or relating to) these terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
26.2 Copy of these Terms. You may—and we recommend that you—print these terms on your printer or save them to your computer. If you have trouble printing a copy, please contact us at firstname.lastname@example.org and we will email you a copy.
26.3 Changes. We may change these terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of the terms. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While we will try to notify you when we make changes to these terms, we do not assume an obligation to do so, and it is your responsibility to frequently check this webpage to review the most current terms. By continuing to use the Website after we post changes to these terms, you agree to the revised terms. If you do not agree to the revised terms, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at email@example.com.
26.4 Assignment and Delegation. We may assign any rights or delegate any obligations under these terms to an affiliate or third party. You will not assign your rights or delegate your obligations under these terms without our advanced written consent. Any attempted assignment or delegation in breach of this provision will be void.
26.5 No waiver. If either party fails to require the other party to perform any provision of these terms, that failure does not prevent the party from later enforcing that provision. If either party waives the other’s breach of a provision, that waiver is not treated as waiving a later breach of the provision.
26.6 Severability. If any part of these terms is for any reason held to be unenforceable, the rest of it remains fully enforceable if the essential provisions of these terms for each party remain valid.
26.7 Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
26.8 Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these terms.
26.9 Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
26.9(A) Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
26.9(B) War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
26.9(C) Fiber cuts;
26.9(D) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
26.9(E) Failure of the telecommunications or information services infrastructure; and
26.9(F) Hacking, SPAM, or any failure of a computer, server, network, or software.
26.10(A) Sending Notice to Us. You may send notice to us by email at firstname.lastname@example.org unless a specific email address is set out for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
26.10(B) Sending Notice to You¬—Electronic Notice. You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
26.12 Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
26.13 Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” 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.
26.14 Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Glorious Holding Investment Ltd.
P.O. Box 3159
Road Town, Tortola
British Virgin Islands
Users who want to gain access to the password-restricted area of the Website must register. We do not charge consumers for registering, but we may charge for registering in the future. You may contact us at email@example.com to resolve any disputes or to receive further information about the Website.
26.15 Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
26.17 Feedback. We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
26.18 Your Comments and Concerns. This Website is operated by Glorious Holding Investment Ltd., which is located at Quijano Chambers, P.O. Box 3159, Road Town, Tortola, British Virgin Islands. You should send all notices of copyright infringement claims to the copyright agent designated in our DMCA policy in the manner and by the means set out in our copyright policy. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to firstname.lastname@example.org.
In these terms, the following usages apply:
27.1 Actions permitted under these terms may be taken at any time and on one or more occasions in the actor’s sole discretion.
27.2 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.
27.3 References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
27.4 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.”
27.5 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.
27.6 “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.
27.7 “Including” means “including, but not limited to.”
All visual depictions displayed on this Web site, whether of actual sexually explicit
conduct, simulated sexual content or otherwise, are visual depictions of persons
who were at least 18 years of age when those visual depictions were created.
All other visual depictions displayed on this Web site are exempt from 18 U.S.C. Section 2257 and 28 C.F.R. Part 75 because said visual depictions are not visual depictions of conduct specifically listed in 18 U.S.C Section 2256 (2) (A)-(D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to November 1, 1990, or were produced, manufactured, published, duplicated, reproduced, or reissued before May 26, 1992.
The owners and operators of this Website are not the primary producer (as that term is defined in 18 U.S.C. Section 2257 and 28 C.F.R. Part 75) of all the visual content contained on the Web site.
Contact information: dmca @ spankwire.com
Digital Millennium Copyright Act ("DMCA")
Copyright Infringement Notification Instructions
Thank you for visiting our website (the “Website”). These Copyright Infringement Notification Instructions are for copyright related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, please email us at email@example.com.
By utilizing the Website you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Text of the Digital Millennium Copyright Act (“DMCA”), you may click HERE or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE. The information contained at the afore-mentioned linked webpages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. §512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
Claim of Infringement –
If you believe that someone has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to us and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. §512(c)(3); if you do not understand the language please seek independent legal advice):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Please send your Claim of Infringement to:
Corey D. Silverstein, Esquire
30150 Telegraph Road, Suite 444
Bingham Farms, MI 48025
Failure to submit copyright infringement notifications as described above will result in no legal notice or action on behalf of Glorious Holding Investment, Ltd.
Claim of Infringement Counter-Notification –
If you have received a Copyright Infringement Notification and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter- notification. 17 U.S.C. §512 (g)(3) requires that to be valid, the counter-notification must be written and addressed to our designated agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
1. Identification of the specific URLs of material that the Website has removed or to which the Website has disabled access;
2. Your full name, address, telephone number, and email address;
3. The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Website is located, and will accept service of process from the claimant";
4. The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
5. A scanned physical signature or a valid electronic signature will be accepted.
Our designated agent will present your counter-notification to the Complaining Party. Once your counter- notification has been delivered, Glorious Holding Investment, Ltd., is allowed under the provisions of 17 U.S.C. §512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on Glorious Holding Investment, Ltd.'s system or network.
Please note that when we forward the counter-notification to the Complaining Party, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way.
Glorious Holding Investment, Ltd. is not required to respond to counter-notifications that do not meet the requirements above.
Claim of Infringement Retractions –
In the event that after you submit a Copyright Infringement Notification, you realize that you have either misidentified content, failed to comply with the requirements of the DMCA or that you simply changed your mind, you may retract your Copyright Infringement Notification by sending us a Notification of Retraction with all of the following:
1. A statement indicating that you are retracting your Copyright Infringement Notification;
2. The complete and specific URL of the material in question;
3. An electronic signature; and
4. A copy of your original Copyright Infringement Notification.
Repeat Offenders –
This Website terminates the account(s) of any repeat copyright infringer, when appropriate and maintains a Repeat Infringer Policy pursuant to 17 U.S.C. § 512(i).
* * *
These Copyright Infringement Notification Instructions may be and shall be modified from time to time without notice. You are solely responsible for regularly reviewing these Copyright Notification Instructions.
Our Copyright Infringement Agent is not associated with this Website or the legal entity that controls this Website. Do not send any other information or material to our DMCA Agent.
Please read http://www.rtalabel.org/index.php?content=parents for more information.
The Official Spankwire FAQ
Since we get a fair amount of questions sent to us here at the Spankwire Labs, we thought it would be a good idea to put together a FAQ detailing all the amazing things you can do on Xhamster.ga (besides the obvious!). The FAQ will explain how to use all of the features available on Spankwire, including creating a user account, adding videos to favorites, downloading, sharing, rating and commenting on videos, and much more. Cum along for the ride as we explore the fap-phenomenon that is Xhamster.ga!
Creating a Spankwire user account allows you to create a library of favorites, post comments on videos, and download your favorite clips. Best of all? It's free!
First, click the Register button on the Spankwire homepage. You will be prompted to choose a Username and password. You will also need to enter a valid email address for verification.
Once registered, a verification link will be sent to the email address you provided. If you don't see it, check your Spam folder. Once you find the verification email, click the link inside. That's it! Your Spankwire account is now active. You can start building your Favorites library, commenting on videos, and downloading your favorite clips right away.
Do you want the absolute hottest, highest-quality HD videos that Spankwire has to offer? Are you interested in specialty themes and niche content from the best studios in the industry? Simpler navigation, no lag, and our special scene selector feature are also available to Spankwire Premium members.
Just click on the "Go Premium Now" button on the homepage:
Select your plan and payment type, and start enjoying your premium membership!
Spankwire has several features that allow you to organize and filter content according to what you're looking for and they can all be found on the home page. Buttons for Categories, Featured, Top Rated, Cam Girls, Most Viewed, New Videos and more can be found in the navigation bar. With these buttons, what you see is what you get – clicking "New Videos" will bring up only the newest videos to be uploaded to Spankwire. Below is the Navigation Bar.
Similarly, clicking "Categories" will bring up a list of content categories (Amateur, anal, lesbian etc.) and related thumbnails. Below is an example of Category options.
The Spankwire search bar is a quick and effective way to find exactly the content you are looking for. Just input your search term - "milf", for example - and Spankwire will return all results that include videos with "milf" in the title or tags.
Just below the search bar on the home page, you will find the Content Filter. This switch allows you to filter Spankwire content by Straight, Gay or Shemale. Select your preference and only content that meets your criteria will be shown until you change the filter setting. Your browser will even remember your preference from your last visit.
When you click on a thumbnail to choose a video, the page will refresh and a video player will open. Just below the video player window are options for sharing the clip, rating it and more. There is also a 'Star' icon directly below the player screen - click this Star to add the video to your Favorites library. Click it again to remove it from your Favorites.
On the video player page, just below the player screen, you will see green and red thumb icons. This is where you can Rate a video. Give it a thumbs up if you like it, or a thumbs down if you don't. Further to the right you will see buttons marked "Share Video", "Download Video" and "Comments". (We will get to Downloading videos in a moment.) Click "Share Video" and a small menu will drop down, allowing you to share the clip on Twitter, Reddit, StumbleUpon, Delicious and many other networks with a click of a button! By clicking "Comments", the page will automatically scroll down to the Comments section, where you can add and read comments on the video.
Between the 'Share Video' and 'Comments' buttons is where you will find the Download Video button. Click this button and download options will appear in a drop-down menu: Choose to download for Desktop, iPhone, or Mobile. Once you select your preferred format your download will begin.
If the video won't load, please:
- Make sure you've given the video enough time to load
- Try refreshing the page
- Ensure that your browser is up to date
- Get the latest Flash player Adobe Flash Player
If you come across a video on Spankwire that you suspect violates the Terms of Service, simply click the "Report" button found just below the Tags and Description, under the video player screen. A menu will open prompting you to select the reason for the Report. Choose the appropriate reason and Spankwire Support will receive a notification of the report.
While logged in to your user account, simply click the Upload Video button. You will be brought to a page where you can select the file you want to upload, add a Title and Tags, and then submit the video for upload to Spankwire. When uploading, make sure of the following:
- You must own the rights to your video.
- The video must comply with the Spankwire Terms of Service
- The video must be under 500 MB and uploaded in a supported file format
- The video should be tagged and titled with accurate terms
Once your upload is complete, you will see a message thanking you for your upload. After the encoding process is complete, your video will be added to the queue of Pending Videos to review. Please allow up to 48 hours for your video to go live on the site.
…And there you have it!
You are now ready to enjoy all that Spankwire has to offer!
We hope you have found this user guide to be helpful! For any questions not addressed here, feel free to contact us at firstname.lastname@example.org.
All the best,
The Spankwire Team
Please email one of the following departments based on your request:
There are no restrictions to the number of videos you can place on your site, so make your site grow right now by embedding all of Spankwire's great videos at once on your web site!
Below is a link for you to easily import our database of embeddable videos on your site. It is a .csv file inside a .zip, containing video URLs, thumbnail URLs, tags, duration, title, and embed codes.