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