1. ACCEPTANCE
By using and/or visiting the Arousevid website (collectively, including
but not limited to all Content, Uploads and User Submissions available
through Arousevid.com, "arousevid", the website) you agree to the terms
and conditions contained herin and the terms and conditions of
Arousevid'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 use Arousevid.com.
The terms and conditions of this Agreement are subject to change by
Arousevid at any time in its sole discretion and you agree be bound by
all modifications, changes and/or revisions. If you do not accept to be
bound by any and all modifications, changes and/or revisions of this
agreement, you many not use Arousevid.com.
The terms and conditions contained herein apply to all users of
Arousevid whether a 'visitor' or a 'member' and you are only authorized
to use Arousevid.com if you agree to abide by all applicable laws and
be legally bound by the terms and conditions of this Agreement.
2. DESCRIPTION OF SERVICES
The Arousevid website allows for uploading, sharing and general viewing
various types of content allowing registered and unregistered users to
share and view visual depictions of adult content, including sexually
explicit images. In addition, Arousevid contains video content,
information and other materials posted/uploaded by users. Arousevid
allows its users to view the Content and Website subject to the terms
and conditions of this Agreement.
The Arousevid website may also contain certain links to third party
websites which are in no way owned or controlled by Arousevid.
Arousevid assumes no responsibility for the content, privacy policies,
practices of any and all third party websites. Arousevid cannot censor
or edit the content of third party sites. You acknowledge that
Arousevid will not be liable for any and all liability arising for your
use of any third-party website.
Arousevid is for your personal use and shall not be used for any
commercial endeavor except those specifically endorsed or approved by
Arousevid.com. Any illegal and/or unauthorized use of Arousevid is
prohibited including but not limited to collecting usernames and e-mail
addresses for sending unsolicited emails or unauthorized framing or
linking to the Arousevid website is prohibited.
3. ACCESS
In order to use this website, you affirm that you are at least eighteen
(18) year of age and/or over the age of majority in the jurisdiction
you reside and from which you access the website where the age of
majority is greater than eighteen (18) years of age. If you are under
the age of 18 and/or under the age of majority in the jurisdiction you
reside and from which you access the website, then you are not
permitted to use the website.
4. USER CONDUCT
You acknowledge and agree that you shall be responsible for your own
user submissions and the consequences of posting, uploading, publishing
transmitting or other making them available on Arousevid. You agree
that you shall not (nor others using your account) post, upload,
publish, transmit or make available in any way on Arousevid 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 Arousevid 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 Arousevid content
which is intentionally or unintentionally violating any applicable
local, state, national, or international law, or any regulations or
laws having the force of law where you reside and elsewhere, including
but not limited to any laws or regulations relating to securities,
privacy, and export control; engage in, promote, You agree that you
shall not (nor others using your account) post, upload, publish,
transmit or make available in any way on Arousevid content depicting
illegal activities, promote or depict physical harm or injury against
any group or individual, or promote or depict any act of cruelty to
animals; You agree not to use Arousevid in any way that exposes
Arousevid to criminal or civil liability.
You agree that Arousevid 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 Arousevid 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 Arousevid, 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. Arousevid 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 Arousevid or
features that prevent or restrict use or copying of any Content or
enforce limitations on use of the Arousevid Website or the Content
therein.
6. USER SUBMISSIONS
Arousevid 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, Arousevid does not guarantee any confidentiality with
respect to any submissions.
Arousevid allows/permits you to link to materials on the Website for
personal, non-commercial purposes only.
You shall be solely responsible for any and all of your own User
Submissions and the consequences of posting, uploading and publishing
them. Furthermore, with User Submissions, you affirm, represent and/or
warrant that:
1. you own or retain the
necessary licenses, rights, consents, and permissions to use and
authorize Arousevid to use all trademarks, copyrights, trade secrets,
patents, or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service; and
2. you will not post, or allow
anyone else to post, any material that depicts any person under the age
of 18 years and you have inspected and are maintaining written
documentation sufficient to confirm that all subjects of your
submissions are, in fact, over the age of 18 years.
3. You have the written
consent, release, and/or permission of each and every identifiable
individual person in the User Submission to use the name or likeness of
each and every such identifiable individual person to enable inclusion
and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. By submitting the User
Submissions to Arousevid, you hereby grant Arousevid 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 Arousevid Website
and Arousevid's (and its successor's) business, including without
limitation for promoting and redistributing part or all of the
Arousevid Website (and derivative works thereof) in any media formats
and through any media channels. You also hereby grant each user of the
Arousevid 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 Arousevid Website.
In submitting material (video or other communication), you further
agree that you shall not:
4. submit material that is
copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant Arousevid all of the
license rights granted herein;
5. publish falsehoods or
misrepresentations that could damage Arousevid or any third party;
6. submit material that is
obscene, illegal, unlawful, , defamatory, libelous, harassing, hateful,
racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate
any law, or is otherwise inappropriate;
7. post advertisements or
solicitations of business;
8. Impersonate another person.
Arousevid does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and Arousevid expressly
disclaims any and all liability in connection with User Submissions.
Arousevid does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and
Arousevid will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. Arousevid reserves the right to remove
Content and User Submissions without prior notice or delay. Arousevid
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, Arousevid 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. Arousevid 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 Arousevid.com, you will
be exposed to User Submissions from a variety of sources, and that
Arousevid 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 Arousevid with respect
thereto, and agree to indemnify and hold Arousevid, 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 Arousevid 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 Arousevid network
or services at any time, for any reason, or for no reason at all, with
or without notice.
Arousevid provides its website as a service to its users. However,
Arousevid assumes no responsibility whatsoever for monitoring the
Arousevid Services for inappropriate content or conduct. If at any time
Arousevid chooses, in its sole discretion, to monitor the Arousevid
Services, however, Arousevid 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.
Arousevid may review and delete any User Submissions that, in its sole
judgment, violates this Agreement or may be otherwise offensive or
illegal, or violate the rights, harm, or threaten the safety of any
User or person not associated with the Website (collectively
"Inappropriate User Submissions"). You are solely responsible for the
User Submissions that you make visible on the Website or to any
third-party website via an embedded player provided by the Website or
any other material or information that you transmit or share with other
Users or unrelated third-parties via the Website.
7. POLICY
Arousevid 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 Arousevid. Arousevid shall not condone child pornography
and will cooperate with all governmental agencies that seek those who
produce child pornography.
8. FEES
You acknowledge that Arousevid reserves the right to charge for
Arousevid services and to change its fees from time to time in its
discretion. Further more, in the event Arousevid 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 Arousevid to participate in the Arousevid website is accurate and
current and you have all necessary right, power, and authority to enter
into this Agreement and to perform the acts required of you hereunder.
As a condition to using the Arousevid, you must agree to the terms of
Arousevid'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 Arousevid with regard to its
users may be disclosed in accordance with the Arousevid Privacy Policy.
10. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE AROUSEVID WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AROUSEVID, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AROUSEVID
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
* ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT,
*. PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE,
*. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
*. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR
* ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE AROUSEVID WEBSITE. AROUSEVID DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE AROUSEVID WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
AROUSEVID 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
AROUSEVID 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 AROUSEVID, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
* ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
* PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
* ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN,
* 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
* 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 AROUSEVID WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
AROUSEVID 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 Arousevid, 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:
* Your use of and access to the Arousevid Website;
* Your violation of any term of these Terms of
Service;
* Your violation of any third party right,
including without limitation any copyright, property, or privacy right;
or
* 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
Arousevid 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 Arousevid 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 Nederlands, 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 Nederland. You hereby
submit to the jurisdiction and venue of said Courts. You consent to
service of process in any legal proceeding.