Terms &
Conditions / User AgreementEffective
Date: October 21, 2022
Last
Modified: October 21, 2022
Sites
Covered: https://mrxvideos.com
Introduction
Welcome to
Our Site’s User Agreement (hereinafter “Agreement” or “Terms and Conditions.”)
The provisions of this Agreement will govern Your use of Our Site(s) and the
Services contained therein. You should therefore take some time to read the
Agreement carefully. Our Site is different from many other websites on the
Internet as it contains advertisements, communications, and links posted by
independent third parties, over which We exert no control and with which there
is not necessarily any direct association. We do not get involved in any
disputes that may develop between Our advertisers and others, and We do not
facilitate communication between third parties. Therefore, You are urged to use
Your own good judgment and common sense when responding to such advertisements,
as We are not responsible for any interactions occurring between Our Users and
Our advertisers. Federal law protects sites like Ours from civil claims, so We
encourage You to independently research any information found in Our
advertisements, before making any decisions. We hope that You thoroughly enjoy
Our services, and anticipate that You will find Our Site useful and
informative. Should You have any questions or comments regarding Our Site, or
its policies, please feel free to contact Us via support@mrxvideos.com.
The laws of Your individual city, county, state, province or nation may
regulate the activity discussed or promoted by the Site, or by third parties
communicating on the Site. Check Your local laws before taking part in any such
activities.
1.
Preliminary Provision
1.1
Party Definitions - The
operative parties referred to in this Agreement are defined as follows:
1.1.1 Company is the operator
of https://mrxvideos.com/.
“Company” has a meaning as it defines in this Agreement. When first-person
pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions
are referring to Company and/or to any other site that we may choose to operate
in the future. Additionally, when the terms “the Site” or “Site” are used,
these terms refer to https://mrxvideos.com/, any
predecessor or successor domain or URL, along with any website published by Us,
unless a site is specifically exempt from this Agreement. Our Site(s), and the
services available to the Site and that the Site provides (“Services”), may
contain images, video and content (collectively referred to as the “Content”)
and text, software, graphics, data, messages, or any other information, and any
other website content owned, operated, licensed, or controlled by the Company
(collectively, “Materials”).
1.1.2
You, the User - As
the User of this Site and/or Services, this Agreement will refer to the User as
“You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter,
the User of the Site and/or Services shall be referred to in applicable
second-person pronouns. You certify that You are over eighteen (18) years of
age.
1.1.3
User vs. Member vs. Verified Member - For the purposes of this Agreement, all
Members and/or Verified Members are Users, but not all Users are Members. This
Agreement applies to all Users whether they are Members or not. You become a
User by accessing this Site or the Services in any way, therefore You need not
become a Member of the Site to make this Agreement apply to You. You are not
considered a Member as defined by this Agreement until such time as You have
submitted Your online account Registration (hereinafter “Registration”). You
become a Member by registering with the Site for a User ID and password as
required by the Registration, as discussed below, or enabling and participating
in one of Our live communication features on the Site as a guest. Registration
is available without the providing of your e-mail address. Also, registration
is available via “Sign up with Google” function, that is available in the
registration page of the Site. You are not considered a Verified Member as
defined by this Agreement until such time as You have submitted Your online
application to participate in our Creators’ Program (hereinafter
“Verification”) subject to these Terms and Creators’ Program Terms. You become
a Verified Member once your application has been reviewed by Us and Your online
account was accepted into the Creators’ Program.
1.2
Electronic Signatures / Assent Required:
1.2.1 Nobody is authorized to access
the Site or use the Services unless they have signed this Agreement. Such
signature does not need to be a physical signature, since electronic acceptance
of this Agreement is permitted by the Electronic Signatures in Global and
National Commerce Act (E-Sign Act), Regulation (EU) No 910/2014 of the European
Parliament and of the Council of 23 July 2014 and similar federal and state laws.
You manifest Your agreement to this contractual Agreement by taking any act
demonstrating Your assent thereto. Most likely, You have clicked or will click
a button containing the words “I agree”, “Sign Up” or some similar syntax or
use “Sign up with Google” function in order to register on our Website. You
should understand that this has the same legal effect as You placing Your
physical signature on any other legal contract. If You click any link, button,
or other device provided to You in any part of Our Site’s interface, then you
have legally agreed to all of these Terms and Conditions. Additionally, by
using any of Our Site or Services in any manner, including uploading Your
Content to Our Site, You understand and agree that We will consider such use as
Your affirmation of Your complete and unconditional acceptance to all of the
terms in this Agreement.
1.2.2 If You fail to sign this
Agreement, You understand that You are an unauthorized user of the Site and
Services, despite any payments made or subscriptions sold to You. No act or
omission by Us should be interpreted as a waiver of the requirement that You
assent to this Agreement. If You fail to do so, You are still bound by the
terms of this Agreement by virtue of Your viewing the Site or using any portion
of the Site or Our Services. However, if You fail to electronically sign this
Agreement, You stipulate to and agree to pay Us two hundred and fifty dollars
($250.00) each time You access the Site as liquidated damages for unauthorized
access and use, and You agree to pay all of Our costs and expenses, including
Attorney’s fees and costs, incurred in collecting this unauthorized access fee
from You.
1.3 If You are seeking information
regarding any illegal activities, please leave this Site immediately and do not
attempt to use the Services. You acknowledge that You are aware of the
community standards in your community, and You will only access the content on
the Site and/or use the Services if You believe that the content on the Site
does not offend the community standards prevalent in Your community.
1.4 You agree not to use the
Services or access the Site if doing so would violate the laws of Your state,
province, or country.
1.5
Revisions to this Agreement:
1.5.1 From time to time, We may
revise this Agreement. We reserve the right to do so, and You agree that We
have this unilateral right. You agree that all modifications or changes to this
Agreement are in force and enforceable immediately upon posting. Any updated or
edited version supersedes any prior versions immediately upon posting, and the
prior version is of no continuing legal effect unless the revised version
specifically refers to the prior version and keeps the prior version or
portions thereof in effect. To the extent any amendment of this Agreement is
deemed ineffective or invalid by any court, the parties intend that the prior,
effective version of this Agreement be considered valid and enforceable to the
fullest extent.
1.5.2 We agree that if We change
anything in this Agreement, We will change the “last modified” date at the top
of this Agreement so that it is immediately obvious that We have updated the
Agreement. The Agreement is located at https://mrxvideos.com/static/terms
and a link to the Agreement is also at the bottom of the home page of the Site.
You agree to periodically re-visit this web page, and to use the “refresh”
button on Your browser when doing so. You agree to note the date of the last
revision to this Agreement. If the “last modified” date remains unchanged from
the last time You reviewed this Agreement, then You may presume that nothing in
the Agreement has been changed since the last time You read it. If the “last
modified” date has changed, then You can be certain that something in the
Agreement has been changed, and that you need to re-review it in order to
determine how Your rights and responsibilities may have been affected by the
revisions.
1.5.3 Waiver – if You fail to
periodically review this Agreement to determine if any of the terms have
changed, You assume all responsibility for your failure to do so and You agree
that such failure amounts to Your affirmative waiver of Your right to review
the amended terms. We are not responsible for Your neglect of Your legal
rights.
1.6 Incorporations by Reference.
Although this Agreement represents the primary terms and conditions of service
for Our Site, additional guidelines and rules are hereby incorporated by
reference. The document(s) which can be found on Our Site, and which are specifically
incorporated by reference, and are therefore part and parcel of this Agreement
are the following:
1.6.1 Privacy Policy (available
via https://mrxvideos.com/static/privacy);
1.6.2 Cookies Policy (available
via https://mrxvideos.com/static/privacy);
1.6.3 DMCA Notice & Takedown
Policy and Procedures (https://mrxvideos.com/static/dmca).
2.
Explanation of Account Access and Membership2.1
Access and Limited License
2.1.1 All Users may access certain
public areas of the Site. You understand that all We are providing You is
access to Our Services as We provide them from time to time. You need to
provide Your own access to the Internet, and any Internet access or other fees
that You incur to access Our Site and use Our Services are Your sole
responsibility. We are not providing any hardware nor software to You – and You
need to purchase or license the necessary hardware and software to access the
Site and Services. This Agreement covers all public and non-public areas of the
Site.
2.1.2 By accessing the Site, you
certify that:
2.1.2.1 You are using the Site solely
for personal, non-commercial purposes;
2.1.2.2 You will not copy or
distribute any part of the Site without Our prior written authorization;
2.1.2.3 You will fully comply with
these Terms and Conditions as well as Privacy Policy.
2.2
Membership or User Account
2.2.1 Although much of the Site is
available without creating an account, to access certain features of the Site
and Services, You must either register as a Member of the Site or become a
Verified Member.
2.2.2 In connection with completing
the Registration, You agree to provide true, accurate, current and complete
information about Yourself as prompted by the Registration (such information
being the “Registration Data”); and You further agree to maintain and promptly
update the Registration Data to keep it true, accurate, current and complete at
all times while You are a Member.
2.2.2.1 As part of Registration, You
will be issued or choose a unique username and password which You must provide
in order to gain access to the non-public portions of the Site. You also may
obtain access to the non-public portions of the Site if you registered on the
Site via “Sign up with Google” function.
2.2.2.2 You certify that when asked to
choose a username You will not choose a name which may falsely represent You as
somebody else or a name which may otherwise be in violation of the rights of a
third-party.
2.2.3 Community User – Upon
completing the Registration, You may choose to become a Community User by
submitting a photographic image containing Your face and handwritten text of
Your username and “MrXvideos.com.”. If you comply with requirements described
herein, you will receive special mark, that confirms your status as Community
User.
2.2.4 Verified Member – this option
is available to all Members and is offered for the purpose to allow Members to
activate Creators’ Program features, including but not limited, uploading
Content to the Site. Member’s verification means that such User’s documents
(documents containing your full legal name, picture, date of birth and other
identifying features such as your address) and data have been verified by a
third-party service provider as engaged by Us from time to time, and We do not
accept any liability for the services provided by it. All data processing is
done pursuant to our Privacy Policy and the service provider’s privacy policy.
We may request additional documents from a Member for Verification to establish
Your age and identity both prior and after the Verification, and We may also
change the number of documents requested from Members from time to time in Our
sole discretion. Types of documents accepted for Verification purposes are not
the same for everyone and are set on a country basis between Us and the service
provider, and may include one or several of the following: national ID,
national passport, international passport, citizenship card, state ID, driver’s
license (only for countries where a national ID or passport is not mandatory).
We reserve the right to review all and any verification results received from
the service provider engaged at a time and render Our own final and binding
decision as to the acceptance of data provided. However, should the Site verify
the identity of a particular Member, this verification does not reflect or have
any bearing on such Member’s reputation. Verified Members are in no way
endorsed by the Site or its agents and have not been subjected to any screening
process except as described above in this provision. Therefore, We specifically
disclaim any and all liability associated with any communication, both online or
offline, with a Verified Member.
2.2.5 Members are permitted to
create one account only.
2.2.6 Membership may not be
transferred or sold to a third party unless otherwise permitted by us in
written form.
2.2.7 You are solely responsible for
the activity that occurs on Your account, and You must keep Your account
password secure. You must notify the Site immediately of any breach of security
or unauthorized use of Your account.
2.2.8 User access to the Site is
free of charge. We do not provide paid memberships of any kind. Any premium
memberships or subscriptions made available via the Site are provided in part
or entirely by third parties regardless of any branding or names associated
with such memberships. The Site is not responsible for the activities of any
third party or the content of any third party site, including a third party’s
use of cookies or any other information (such as IP address, browser type or
operating system) collected when You click through links on the Site to their
sites or view advertisements. Links to such third party sites are not to be
taken as an endorsement by the Site of the third party site or any products
promoted, offered or sold on the third party site, or as an indication that
such sites are free from computer viruses or anything else that has destructive
properties. You are responsible for reviewing any terms and conditions of
membership on third party sites.
2.2.9 Verified Member has a right to
participate in our Referral Program as it describes in Appendix 1 to this Agreement.
2.3
Termination of Your Membership or User Account.
2.3.1 You may cancel Your membership
at any time by emailing support@mrxvideos.com. Upon Our processing of Your
request to cancel Your Member account, You will no longer have access to the
non-public areas of the Site to which You were a Member.
2.3.2 Without limiting other
remedies, We may immediately issue a warning, temporarily suspend, indefinitely
suspend, or terminate Your access and use of the Site and Services at any time,
with or without advance notice, if:
2.3.2.1 We believe, in Our sole
discretion, that You have breached any material term of this Agreement or the
document(s) it incorporates by reference;
2.3.2.2 We are unable to verify or
authenticate any information You provide to Us;
2.3.2.3 We believe, in Our sole
discretion, that Your actions may cause legal liability for You, Our Users or
Us; or
2.3.2.4 We decide to cease operations
or to otherwise discontinue any services or options provided by the Site or
parts thereof.
2.3.3 You agree that neither Us nor
any third party acting on Our behalf shall be liable to You for any termination
of Your account or access to any part of the Site or Services.
2.3.4 You agree that if Your access
is terminated by Us, You will not attempt to regain access to the Site – using
the same or different username – without prior written consent from Us.
2.3.5 In order to maintain the
integrity of the Site and Services, or to investigate complaints, You agree to
allow Us to access Your account and any other information You have submitted or
created for as long as reasonably required to investigate the complaint or
protect the Services.
2.3.6 You agree that You will not
use Our Services to publicly discuss any infractions, warnings, or bannings.
You must discuss any concerns about such topics with Us directly.
2.3.7 If You provide any information
that is untrue, inaccurate, not current or incomplete, or if We or any of Our
authorized agents have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, We have the right to suspend or
terminate Your account and refuse any and all current or future use of the Site
and Services by You, as well as subjecting You to criminal and civil liability.
If applicable, You are responsible for any credit card charge-backs, dishonored
checks and any related fees that Site incurs with respect to Your account. If
You fail to reimburse Us for any credit card charge-backs, dishonored checks,
or related fees within thirty (30) days of Our initial demand for
reimbursement, You agree that You will pay Us one hundred dollars ($100.00) in
additional liquidated damages as well as any costs incurred by Us for each fee
incurred.
2.3.8 The Site and its affiliates
disclaim any and all liability arising from fraudulent entry and use of the
Site. If a User fraudulently obtains access, the Site may terminate membership
immediately and take all necessary and appropriate actions under applicable
federal, state, and international laws.
2.4 Fraudulent Use of:
2.4.1
Stolen Cards: We
take credit card fraud very seriously. Discovery that any Member has used a
stolen or fraudulent credit card will result in the notification of the
appropriate law enforcement agencies and termination of such Member’s account.
2.4.2
Stolen or Fake IDs: We
take ID fraud very seriously. Discovery that any Member has used a stolen or
fraudulent ID in the process of Member verification or co-performer verification
pursuant to Creators’ Program features will result in the notification of the
appropriate law enforcement agencies and termination of such Member’s account.
2.5 You agree that Your Content
will comply with all provisions set forth in this Agreement. Your Content
includes any text, images, video, blog posts, forum comments, or other content
or media uploaded or otherwise provided by You for Us to make available on the
Site or Services (“Your Content”).
2.6 Subject to Your acceptance of
this Agreement, We grant You a limited, non-exclusive, non-transferable
personal license to access and use the Site, Materials, and the Services
contained therein. We provide the Materials and Services on this Site for the personal,
non-commercial use by Users of the Site. Users of this Site are granted a
single copy license to view Materials.
2.7 All Materials and Services
available on the Site shall be for private non-commercial use only, and all
other uses are strictly prohibited, unless consented to by Us or you and we
have signed separate agreement about such presence. If You are a business
entity or commercial concern, Your presence on the Site is not allowed unless
it is expressly authorized in writing by Us or you and we have signed separate
agreement about such presence. We reserve the right to pursue vigorous legal
action against unauthorized login by business and commercial entities.
2.8 We reserve the right to limit
the amount of Materials viewed. You agree to prevent any unauthorized copying
of the Site, or any of the Materials contained therein. Any unauthorized use of
the Site or any of the Materials contained therein terminates this limited
license effective immediately. This is a license to use and access the Site for
its intended purpose and is not a transfer of title. You will not copy or
redistribute any of the content appearing on this Site. We reserve the right to
terminate this license at any time if You breach or violate any provision of
this Agreement, in which case You will be obligated to immediately destroy any
information or Materials You have downloaded, printed or otherwise copied from
this Site. Violators of this limited license may be prosecuted to the fullest
extent under the applicable law.
2.9 Service
Interruption: From
time to time due to technological factors, scheduled software uploads and other
factors beyond Our control, service may be temporarily interrupted. From time
to time, certain features of the Site, such as the Site’s email system, may not
be available for use due to technological and other factors. From time to time,
access to the Site and the ability to log into the Site may not be available
due to technological and other factors. You agree to hold Us harmless against
any such interruption of service.
2.10
Agreement to Receive Notifications and Other Communications: We reserve the right to send
electronic mail or other messages to You and to other Members. You understand
and agree that even unsolicited commercial email sent from Us or Our affiliates
is not SPAM as that term is defined under the law and pursuant to our Privacy
Policy. The purpose of this communication may include but is not limited to:
2.10.1 Inform You of any change to
the status of Your account;
2.10.2 Inform You about contact(s)
from another Member(s);
2.10.3 Provide information to You
regarding products or services offered by Our affiliates or partners;
2.10.4 Provide You with information
about any item or service that We think, in Our sole discretion, may be of interest
to You.
3. Special
Considerations Regarding Minors
3.1 Age
of Majority. In
order to use the Site or any Services provided by the Company, You must have
attained the age of majority in Your jurisdiction. You represent and warrant
You are at least eighteen (18) or twenty-one (21) years of age, depending on
the age of majority in Your jurisdiction, and that You have the legal capacity
to enter into this Agreement. If You are not at least eighteen (18) or
twenty-one (21) years of age, depending on the age of majority in Your
jurisdiction, You must exit the Site immediately and may not use or access the
Site or use the Services in any manner.
3.1.1 We specifically disclaim any
responsibility or liability for any misrepresentations regarding a User’s age.
3.1.2
You represent and warrant that You will not allow any minor access to this Site
or Services. Users should implement parental control protections, such as
computer hardware, software, or filtering services, which may help Users to
limit minors’ access to harmful material. You acknowledge that if Your computer
or mobile device can be accessed by a minor, that You will take all precautions
to keep Our Materials from being viewed by minors. You additionally acknowledge
that if You are a parent, it is Your responsibility, and not Ours, to keep any
age-restricted content from being displayed to Your children or wards.3.2 WE
HAVE A ZERO TOLERANCE POLICY FOR PORNOGRAPHIC MATERIAL INVOLVING MINORS AND A
ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY.3.2.1
You represent and warrant that Your Content contains nothing involving minors
that may be considered pornographic under both state and federal law, as We
strictly prohibit the use of such content in relation to Our Services.3.2.2
If You seek any form of pornographic materials involving minors (including
“virtual” pornography involving minors), You must exit this Site and cease
using Our Services immediately. We do not provide this kind of material and We
do not tolerate those who provide this kind of material nor do We tolerate
consumers of this kind of material.3.2.3
In order to further Our zero-tolerance policy, You agree that You will report
any images, real or simulated, that appear to depict minors on Our Site. If You
see any images or other depictions that are questionable, You agree to report
these images by emailing Us via support@mrxvideos.com.3.2.4
Include with Your report any appropriate evidence, including the date and time
of identification. All reports will immediately be investigated and the
appropriate action will be taken.3.2.5
We enthusiastically cooperate with any law-enforcement agency investigating
child pornography, and comply with Title 18 U.S.C. 2258A relating to the
mandatory reporting of actual pornography involving minors of which We become
aware. If You suspect other outside websites are participating in unlawful
activities involving minors, please report them to a reporting service such as
ASACP.org: https://www.asacp.org/.4. Content
and Materials
4.1 Our Site(s) and Services
contain images and content (defined in Section 1.1.1 as “Content”) and text,
software, images, graphics, data, messages, or any other information, and any
other website owned, operated, licensed, or controlled by Us (defined in
Section 1.1.1 as “Materials”).
4.2 You acknowledge and stipulate
that all of the Materials and Content constitute expressive content that,
amongst other laws and regulations, may be fully protected by the First
Amendment to the United States Constitution, and other similar legal
principles.
4.3 You acknowledge and understand
that some or all of the Content and Materials on Our Site and transmitted via
Our Services may depict activity that is restricted to adults, and may
therefore be inappropriate for viewing by minors. You acknowledge that You are
aware of the nature of the Content and Materials provided by or through the
Site and that You are not offended by such Content and Materials, and that You
access the Site and Services freely, voluntarily, willingly, and for Your own
personal enjoyment.
4.4 You understand that all of the
information, data, text, images, audio, graphics, messages, or any other
content on the Site or available via the Services, whether posted publicly or
transmitted through Our messaging services or the messaging services of third
parties, are the sole responsibility of the party from whom the Content or
Materials originated. This means that You are entirely responsible for any and
all content that You upload, post, transmit, e-mail, message, or otherwise
publish via Our Services. We are not always able to control the Materials
posted on the Member profiles, forums, or any other User communications, and as
such We do not guarantee the accuracy, integrity, quality, or any other aspect
of such posted Materials or Content. You agree that by using the Site and
Services covered by this Agreement, You very well may be exposed to Content
that You might find offensive, indecent, problematic, or otherwise
objectionable. Under no circumstances will we accept liability in any way for
any Content and/or Materials posted by, uploaded by or transmitted by Our
Members, verified or not.
4.5 We respect the intellectual
property rights of all parties, and have adopted a policy regarding termination
of repeat copyright infringers under the Digital Millennium Copyright Act.
Copies of Our Repeat Infringer Policy are available to Our Members upon
request.
4.6 We are committed to making the
use of Our Site a safe and pleasant experience for Our Members. In order to do
this, We reserve the right, at Our sole discretion and with no obligation to do
so, to periodically monitor, either at random, or selectively, Member
correspondences, profiles and forums within the Site. This includes all communication
sent or received through any communication system offered via the Services.
4.7 We further reserve the right,
at Our sole discretion, to delete any content violating the terms within this
Agreement. We may delete any Content or Materials including pictures, messages,
forum posts, or profiles that are deemed in Our sole discretion to be illegal,
immoral, offensive, or in violation of the letter and spirit of this Agreement
and the purpose of the Site. Further, all Content submissions may be made by
Verified Members only and are subject to mandatory preview as well as to the
Site’s Community Standards and User Conduct Policy below.
4.8 Section 230 Notice: You
acknowledge Your responsibility to prevent minors under Your care from
accessing harmful or inappropriate material. You agree not to allow minors to
view any such content, and You agree to take responsible measures to prevent
them from doing so. Numerous commercial online safety filters are available
which may help users limit minors' access to harmful or inappropriate material.
Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research
such services at websites such as: www.getnetwise.org,
http://www.child-internet-safety.com/internet_filters.php, among others. Please
note that We make no representation or warranty regarding any of the products
or services referenced on such sites, and We recommend that You conduct
appropriate due diligence before purchasing or installing any online filter.
You agree to take particular steps to prevent minors from viewing Our Site or
the content received via Our Services if Your computer or mobile device can be
accessed by a minor. Finally, You agree that if You are a parent or guardian of
a minor child, it is Your responsibility, not Ours, to keep any age-restricted
content on Our Site or Services from being displayed or accessed by Your
children or wards.
5.
Restrictions and Regulations Governing Use of Our Site and Services:
5.1 You agree that You will only
use the Site and Services for purposes expressly permitted and contemplated by
this Agreement. You may not use the Site and Services for any other purposes,
including commercial purposes, without Our express prior written consent.
5.2 Without Our express prior
written authorization, You may not:
5.2.1 Upload, post, or otherwise
make available files or products that contain images, photographs, software or
other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless You own or control the rights thereto or have
received all necessary consents to do same;
5.2.2 Upload, post, email or
otherwise transmit any submission that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable,
including, but not limited to, submissions involving underage persons, animals,
rape, incest, violence, blood, shitting, vomit, drunk, drugged, passed out or
sleeping persons (this list is given as an example only and is not an
exhaustive list of submissions that are forbidden on the Website);
5.2.3 Harm or unlawfully exploit
minors in any way (including but not limited to uploading, posting, emailing,
or otherwise transmitting any submission involving a minor);
5.2.4 Upload, post, email otherwise
transmit any submission depicting animal cruelty;
5.2.5 Impersonate any person or
entity, or falsely state or otherwise misrepresent Your affiliation with a
person or entity;
5.2.6 Forge headers or otherwise
attempt to disguise the origin of any submission transmitted through the Site;
5.2.7 Upload, post, email or
otherwise transmit any submission that You do not have a right to transmit
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
5.2.8 Upload, post, email or
otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas that We may designate for such purpose;
5.2.9 Interfere with or disrupt the
Site, or servers or networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of networks or third party
providers connected to, or providing the Site;
5.2.10 Intentionally or
unintentionally violate any applicable local, state, national or international
law, and any regulations having the force of law;
5.2.11 "Stalk" or otherwise
harass another member or User of the Site;
5.2.12 Collect or store personal data
about other Users, or Members, including via the use of any data mining, bots,
or similar data gathering and extraction tools;
5.2.13 Duplicate any part of Our Site
or the Materials contained therein or received via the Services (except as
expressly provided elsewhere);
5.2.14 Create any derivative works
based on Our Site or any of the Materials contained therein or received via the
Services, and You agree and stipulate that any and all derivative works are NOT
“fair use”;
5.2.15 Use Our Site or Services, or
any of the Materials contained therein, for any public display, public
performance, sale or rental, and You hereby agree and stipulate that any and
all such uses are NOT “fair use”;
5.2.16 Re-distribute or “scrape” Our
Site or any of the Materials contained therein or received through the
Services, and You hereby agree and stipulate that any and all such uses are NOT
“fair use”;
5.2.17 Remove any copyright or other
proprietary notices from Our Site or any of the Materials contained therein;
5.2.18 Frame or utilize any framing
techniques in connection with Our Site or any of the Materials contained
therein;
5.2.19 Use any meta-tags or any other
“hidden text” using Our Site’s name or marks, and You hereby stipulate that any
use of the Site’s name or marks, or any other marks owned by Us is an
infringement upon Our trademark rights, and You stipulate to liquidated damages
of five thousand dollars ($5,000) per such infringement, plus You agree to pay
any and all fees incurred in the recovery of this amount, including attorney’s
fees and all associated costs;
5.2.20 Circumvent any encryption or
other security tools used anywhere on the Site or in conjunction with the
Services (including the theft of user names and passwords or using another
person’s user name and password in order to gain access to a restricted area of
the Site);
5.2.21 Sell, rent, lease, license,
sublicense, transfer, distribute, re-transmit, time-share, use as a service
bureau or otherwise assign to any third party the Materials or Services or any
of Your rights to access and use the Materials or Services as granted
specifically by this Agreement;
5.2.22 Use Our Services for any
commercial purpose unless expressly agreed to by Us in writing and at Our sole
discretion. Without such consent by Us, Your use of the Site and Services is
strictly for personal use;
5.2.23 Share any information provided
to You by another Member unless such Member has given you permission to do so;
5.2.24 Use any material or
information, including images or photographs, which are made available through
the Services in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party;
5.2.25 Upload files that contain
viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any
other similar software or programs that may damage the operation of another’s
property or of the Site and Services;
5.2.26 Download any file posted by
another user of a Service that You know, or reasonably should know, cannot be
legally distributed in such manner;
5.2.27 Falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a
file that is uploaded;
5.2.28 Restrict or inhibit any other
user from using and enjoying the Services;
5.2.29 Publish falsehoods or
misrepresentations that could damage the Site or any third party;
5.2.30 Post advertisements or
solicitations of business;
5.2.31 Use the Services in connection
with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters,
junk email, spamming or any duplicative or unsolicited messages (commercial or
otherwise);
5.2.32 Organize and/or participate in
any funds transfer or any asset transfer arrangement organized by any Member
You meet on this Site;
5.2.33 Request or send money, or any
other form of financial assistance, from or to any Member that You encounter on
this Site;
5.2.34 Harvest or otherwise collect
information about others, including e-mail addresses or other
personally-identifiable information;
5.2.35 Create a username, that
consists only of keywords and categories, that are usually used for search
optimization in the industry. It is also prohibited to exploit search engine
optimization in order to obtain more views and popularity of your profile and
interfere the work of the Company’s search optimization;
5.2.36 Create a false identity,
including misrepresented real age, location, country of residence, country of
origin, religion, height, weight, and any other item of personal description
for the purpose of misleading others;
5.2.37 Provide personal contact
information such as email address, telephone numbers, street address or similar
personally-identifying information in Your Member profile or any other
publicly-viewable posts.
5.3
Restrictions on Interactive Communication Mediums. The Site is intended to act as
an avenue of communication and provide enjoyment to its Members. The Site
supplies various opportunities to its Members to facilitate such communication
via forums, discussion boards, blog-type publications, commenting features and
other interactive chat capabilities.
5.3.1
Fraud and Scam Warning: The Site has no way of determining the validity of any
communication that You receive from another Member or the validity of the
person behind such communications. You expressly understand and agree that if
any other Member that You are in communication with on this Site requests money
from You for travel assistance, medical assistance, subsistence or for any
other reason, it is almost certainly a scam or a fraudulent scheme and You are
at a very high risk of being defrauded. You will report such request along with
the username of the requesting member immediately to the Company via support@mrxvideos.com.
5.3.2 We reserve the right to review
and/or reject any content created and/or posted by Users and We may delete any content
contained within, but not limited to, the communication mediums set forth in
Section 5.3, without warning, although the Site undertakes no obligation to
monitor User content or take any such actions. We encourage Our Members to
report any violations of these restrictions by other Members. Uploading
prohibited depictions violates this Agreement, and may result in suspension or
cancellation of Your account.
5.4 You agree to cooperate with Us
in causing any unauthorized use to cease immediately. You are solely
responsible for submitting any material that violate any United States or
international laws even if a claim arises after Your service is terminated, and
by doing so, Your actions shall constitute a material breach of this Agreement
and the Site shall terminate all of Your rights under this Agreement. Nothing
contained in this Agreement shall obligate Us to monitor or investigate any use
of Our Services by Our Users or other third parties, other than as required by
applicable law.
5.5
Interference. Except
where expressly permitted by law, You may not translate, reverse-engineer,
decompile, disassemble, or make derivative works from any of Our Materials or
any other materials from Our Site. User hereby agrees not to use any automatic
device or manual process to monitor or reproduce the Site or Materials, and
will not use any device, software, computer code, or virus to interfere or
attempt to disrupt or damage the Site or any communications on it. If You do
not adhere to this provision of this Agreement, You hereby stipulate to and
agree to pay liquidated damages of five thousand dollars ($5,000) plus any and
all fees associated with recovery of these damages, including attorney’s fees
and costs.
6. User
Submissions
6.1 The Site allows its Verified
Members to submit video or other material, and allows the hosting, sharing,
and/or publishing of such submissions. By submitting a video or other material
to Us, You indicate Your intent for Us to make such material available on the
Site listed at the beginning of this Agreement and any other affiliated sites,
whether by affiliation of ownership or contract.
6.2 You shall be solely
responsible for Your own submissions and the consequences of posting or
publishing them. In connection with Your submissions, You affirm/warrant that:
6.2.1 You own or have the necessary
licenses, rights, consents, and permissions to use and authorize the Site(s) to
use all patent, trademark, trade secret, copyright, privacy, publicity or other
proprietary rights in and to all of Your submissions to enable inclusion and
use of the submissions in the manner contemplated by these Terms and Conditions
and the Creators’ Program Agreement;
6.2.2 You retain all of Your
ownership rights in Your submissions; however, by contributing Your submissions
to the Site(s), You grant a worldwide, perpetual, non-exclusive, royalty-free,
sublicensable and transferable right and license to: copy, modify, publicly
perform and publicly display Your submissions on our Site.
6.2.3 You have the written consent,
release, and/or permission of each and every identifiable person in Your
submission to use the name or likeness of each individual for use in Your
submissions in the manner contemplated by these Terms and Conditions and you
are also authorized to provide their ID documents for co-performer verification
as required by the Creators’ Program Agreement;
6.2.3.1 Reproduce, transmit,
communicate, display, or distribute Your submitted photographs, videos and
content, on or as part of Our Site(s), on other Internet site(s), or elsewhere,
for promotional or commercial purposes, by means of any technology, whether now
known or hereafter to become known;
6.2.3.2 Reproduce Your photographs,
videos and content in digital form of display on the Internet (alone or in combination
with other works, including, but not limited to, text, data, images,
photographs, illustrations, animation, graphics, video, or audio segments, and
hypertext links);
6.2.3.3 Adapt, modify, or alter Your
photographs, videos and content or otherwise create derivative works based upon
Your content; and for all other reasonable promotional or commercial uses
either as part of the operation of Our Site(s), or as a promotion or operation
of any derivative or related businesses.
6.2.3.4 The license granted by You
terminates within a commercially reasonable time after You remove or delete
Your submission from the Site(s).
6.3 Any of your submissions are
compliant with all applicable laws, including but not limited to 18 U.S.C.
§2257 and 28 C.F.R. 75 and you are able to provide such documents as required
upon your Verification and/or Content submission.
6.4 Although Our Site is not based
in the United States, we respect the intellectual property rights of copyright
holders, and thus voluntarily comply with the Notice and Takedown provisions of
the Digital Millennium Copyright Act (“DMCA”). Our DMCA Notice and Takedown
Policy is available here: https://mrxvideos.com/static/dmca.
6.5 The Site does not endorse any
Member submission, and expressly disclaims any and all liability in connection
with Member submissions. The Site does not permit copyright infringing
activities or infringement of intellectual property rights on the Site, and
will promptly and without prior notice remove all content and Member
submissions if properly notified of infringements on third party's intellectual
property rights. Repeat infringers will have their member access and/or
privileges terminated.
7.
Stipulated Liquidated Damages:
7.1 In various provisions in this
Agreement, We have outlined liquidated damages amounts to be applied as
penalties against You if You violate these specific provisions. You
specifically agree to pay these amounts. In agreeing to pay liquidated damages,
You acknowledge that this amount is not a penalty, that the actual damages are
uncertain and difficult to ascertain, but that this amount represents the
parties’ good faith attempt to calculate an appropriate compensation based on
anticipated actual damages.
7.2 For any breach of a portion of
this Agreement that does not specifically state a liquidated damages amount,
You hereby agree that any breach of this Agreement shall result in liquidated
damages of one hundred dollars ($100) per occurrence. You specifically agree to
pay this one hundred dollars ($100) in liquidated damages.
8. Warranty
Disclaimer
8.1 YOU AGREE THAT YOUR USE OF THE
SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE
SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE
SITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
8.1.1 ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT;
8.1.2 PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
SITE;
8.1.3 UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN;
8.1.4 INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
8.1.5 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 SITE.
8.1.6 THE SITE RESERVES THE RIGHT TO
DELETE ANY CONTENT OR LINK WITHOUT ANY NOTICE OR WARNING TO THE USER WHO
UPLOADED IT.
8.1.7 THE SITE DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY-PROVIDED
PRODUCT OR SERVICE ADVERTISED ON, OFFERED BY, OR FEATURED ON THE SITE OR
THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND THE SITE 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.
9.
Limitation of Liability
9.1 IN NO EVENT SHALL THE SITE,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY:
9.1.1 ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT;
9.1.2 PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
SITE;
9.1.3 UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN;
9.1.4 INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SITE;
9.1.5 BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD
PARTY;
9.1.6 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 SITE, 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.
9.2 IN THE EVENT THAT YOU DO NOT
SUPPLY THE SITE WITH YOUR E-MAIL ADDRESS, YOU SPECIFICALLY ACKNOWLEDGE AND
WAIVE ANY CLAIM BASED ON THE SITE’S GOOD FAITH DISABLING OF ACCESS TO, OR
REMOVAL OF, MATERIAL OR ACTIVITY WHICH HAS BEEN CLAIMED TO BE INFRINGING, OR
BASED ON FACTS OR CIRCUMSTANCES FROM WHICH INFRINGING ACTIVITY APPEARS LIKELY,
REGARDLESS OF WHETHER THE MATERIAL OR ACTIVITY IS ULTIMATELY DETERMINED TO BE
INFRINGING.
9.3 THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION. THE SITE MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR
AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM
OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR
COMPLIANCE WITH LOCAL LAW.
9.4 YOU SPECIFICALLY ACKNOWLEDGE
THAT THE SITE 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.
9.5 IN NO EVENT SHALL OUR MAXIMUM
TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES
ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES FOR A PERIOD OF NO MORE
THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION
OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER. BECAUSE SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10.
Indemnification:
10.1 To the extent permitted by
applicable law, You agree to defend, indemnify and hold harmless the Site, its
parent, subsidiary and affiliated corporation(s), their officers, directors,
employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs, debt, and expenses (including but not
limited to attorney's fees) arising from: (i) Your use of and access to the
Site; (ii) Your violation of any part of these Terms and Conditions; (iii) Your
violation of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that Your content caused damage to
a third party. This defense and indemnification obligation will survive these
Terms and Conditions and Your use of the Site.
10.2 The provision of any services
which are in violation of any laws is strictly prohibited. If We determine that
You or any User has provided or intends to provide any services or material in
violation of any law, Your ability to use the Site and Services will be
terminated immediately without any reimbursement of any payment You may have
made to Us. We have every right to voluntarily cooperate with law enforcement
or private aggrieved parties that We may be legally compelled to do so. We do
hereby disclaim any liability for damages that may arise from any User
providing any material or services for any purpose that violates any law. You
do hereby agree to defend, indemnify and hold Us harmless from any liability
that may be imposed on Us arising from Your violation of any law – whether
online or offline.
10.3 You also agree to defend and
indemnify Us should any third party be harmed by Your illegal actions or should
We be obligated to defend any claims including, without limitation, any
criminal action brought by any party.
10.4 Our Site and Services contains
material that may be offensive to third parties. You agree to indemnify and
hold Us harmless from any liability that may arise from someone viewing such
material and You agree to immediately cease review of the Site and use of the
Services should You find them offensive.
10.5 You agree to defend,
indemnify, and hold harmless Company, its officers, directors, shareholders,
employees, independent contractors, telecommunication providers, and agents,
from and against any and all claims, actions, loss, liabilities, expenses,
costs, or demands, including without limitation legal and accounting fees, for
all damages directly, indirectly, and/or consequentially resulting or allegedly
resulting from Your, or You under another person’s authority including without
limitation to governmental agencies, use, misuse, or inability to use the Site,
Services, or any of the Materials contained therein, or Your breach of any of
this Agreement. We shall promptly notify You by electronic mail of any such
claim or suit, and cooperate fully (at Your expense) in the defense of such
claim or suit. We reserve the right to participate in the defense of such claim
or defense at Our own expense, and choose Our own legal counsel, but are not
obligated to do so.
10.6
This Service is for Amusement Purposes.
10.6.1 You understand and accept that
Our Site and Services is an entertainment and recreational service. All content
depicts consenting models over the age of eighteen (18) that have provided
rights to the Site to publish the content. All images are provided for the
amusement and entertainment of Our Members and Our Users.
10.6.2 Any User accessing Our Site in
an effort to engage in or facilitate illegal or tortious activities shall have
their account and/or access to the Site and the Services subject to immediate
cancellation, and may be reported to the appropriate law enforcement agency.
10.6.3 You understand and accept that
if You attempt to contact other Members on the Site, all activities or
interactions resulting therefrom are solely of Your own volition. You
understand and accept that no communications between You and other Members is
private. You hereby specifically release Us and all other Members from any
liability for invasion of privacy, defamation, publicity, false light, and
related torts, in the event that Your communications or profile are made
public. Nothing contained in this section is intended to limit the scope of
releases and/or indemnification contained elsewhere in this Agreement.
10.6.4 We do not endorse, confirm,
support, verify or validate the accuracy or the reliability of any of the
information posted by Members on this Site. This includes but is not limited to
Member identity, text, photographic images, videos, and any other content. We
conduct no background check or criminal history evaluation of Our Members
before or after they register as a Member of Our Site. You are encouraged to
thoroughly inspect the credentials and background of any person You have
contact or communicate with via Our Site or Services.
10.6.5 You explicitly, expressly, and
totally understand and agree that We assume no liability or responsibility,
financial, or otherwise for the truthfulness, accuracy, intent, motives, or
behavior of anyone on this Site or any of its affiliate sites. Your contact or
communicate with Members on this Site, and on any affiliate sites if
applicable, is at Your own risk. People use the Internet for various motives
and intentions. It is Your responsibility and solely Your responsibility to
verify the accuracy, truthfulness, good intentions, and motives of anyone that
You contact or communicate with on this Site. We are not responsible and are
not liable for any aspect, legal or otherwise, of any conversations, contact,
or other information exchanged between Members online or offline.
10.6.6
When interacting with Members of this Site, USE COMMON SENSE! Do not provide
any personal information to individuals who can misuse that information to Your
detriment. While the Site and Services may provide a venue for the exchange of
information, ideas, and even goods or services, they do not act as a guarantor
of the accuracy of such information or activity, and all Users/Members are
encouraged to approach the veracity of any communications or contact occurring
as a result of the Site and Services with a healthy skepticism.
10.7 You hereby discharge, acquit,
and otherwise release Company, its parent company, its agents, employees,
officers, directors, shareholders, attorneys, and affiliates, from any and all
allegations, counts, charges, debts, causes of action, and claims relating in
any way to the use of, or activities relating to the use of the Site and
Services including, but not limited to claims relating to the following:
10.7.1 Sexual harassment, negligence,
gross negligence, reckless conduct, alienation of affections (to the extent
recognized in any jurisdiction), intentional infliction of emotional distress,
intentional interference with contract or advantageous business relationship,
defamation, privacy, publicity, intellectual property, misrepresentation, any
financial loss not due to the fault of the Site, missed meetings, unmet
expectations, false identities, fraudulent acts by others, invasion of privacy,
release of personal information, failed transactions, purchases or
functionality of the Site, unavailability of the Site, its functions and/or
services and any other technical failure that may result in inaccessibility to
the Site, or any claim based on Vicarious Liability for Torts committed by
individuals met on or through the Site and Services, including but not limited
to fraud, theft or misuse of personal information, assault, battery, stalking,
rape, theft, cheating, perjury, manslaughter, or murder.
10.7.2 The above list is intended to
be illustrative only, and not exhaustive of the types or categories of claims
released by You. This release is intended by the parties to be interpreted
broadly in favor of Us, and thus any ambiguity shall be interpreted in a manner
providing release of the broadest claims. This release is intended to be a full
release of claims, and the parties acknowledge the legally binding nature of
this provision, and the nature of the rights given up in connection therewith.
11. Links
and Linking:
11.1 Some websites which are linked
to the Site are owned and operated by third parties. Because We have no control
over such websites and resources, You acknowledge and agree that We are not
responsible for or liable for the availability of such external websites or
resources, do not screen or endorse them, and are not responsible for or liable
for any content, advertising, services, products, or other materials on or
available from such websites or resources.
11.2 You further acknowledge and
agree that We shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such third-party content, goods or services available on
or through any such website or resource. If You decide to access any such third
party website, You do so entirely at Your own risk and subject to any terms and
conditions and privacy policies posted therein, and not by this Agreement or
Our Privacy Policy, which is incorporated into this Agreement by reference.
11.3 Links to external websites
(including external websites that are framed by the Site) or inclusions of
advertisements do not necessarily constitute an endorsement by Us of such
websites or the content, products, advertising, or other materials presented on
such Site, but are for Your convenience.
11.4 You hereby agree to hold Us
harmless from any and all damages and liability that may result from the use of
links that may appear on the Site or via the Services. We reserve the right to
terminate any link or linking program at anytime.
12.
Trademark Information:
12.1 The name of the Site is
considered a service mark owned by Us. We aggressively defend Our intellectual
property rights.
12.2 Other manufacturers’ product
and service names referenced herein may be trademarks and service marks of
their respective companies and are the exclusive property of such respective
owners, and may not be used publicly without the express written consent of the
owners and/or holders of such trademarks and service marks.
12.3 All of the marks, logos,
domains, and trademarks that You find on the Site and Services may not be used
publicly except with express written permission from Us, and may not be used in
any manner that is likely to cause confusion among consumers, or in any manner
that disparages or discredits Us.
13. Export
Control:
13.1 You understand and acknowledge
that the software elements of the Materials on the Site may be subject to
regulation by agencies of the United States Government, including the United
States Department of Commerce, which prohibits export or diversion of software
and other goods to certain countries and third parties. Diversion of such
Materials contrary to United States’ or international law is prohibited.
13.2 You will not assist or
participate in any such diversion or other violation of applicable laws and
regulations.
13.3 You warrant that You will not
license or otherwise permit anyone not approved to receive controlled
commodities under applicable laws and regulations and that You will abide by
such laws and regulations.
13.4 You agree that none of the
Materials are being or will be acquired for, shipped, transferred, or
re-exported, directly or indirectly, to proscribed or embargoed countries or
their nationals or be used for proscribed activities.
14. No
Agency Relationship:
Nothing in this Agreement shall be
deemed to constitute, create, imply, give effect to, or otherwise recognize a
partnership, employment, joint venture, or formal business entity of any kind;
and the rights and obligations of the parties shall be limited to those
expressly set forth herein.
15. Notice:
15.1
Notice. Any
notice required to be given under this Agreement may be provided by email to a
functioning email address of the party to be noticed, by a general posting on
the Site, or personal delivery by commercial carrier such as Federal Express or
DHL. Notices by customers to Us shall be given by electronic messages unless
otherwise specified in the Agreement.
15.2
Change of Address. Either
party may change the address to which notice is to be sent by written notice to
the other party pursuant to this provision of the Agreement.
15.3
When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered
by overnight carrier (e.g., United States Express Mail or Federal Express)
shall be deemed delivered on the business day following mailing. Notices mailed
by United States Mail, postage prepaid, registered or certified with return
receipt requested, shall be deemed delivered five (5) days after mailing.
Notices delivered by any other method shall be deemed given upon receipt.
Notices by email and facsimile transmission, with confirmation from the
transmitting machine that the transmission was completed, are acceptable under
this Agreement provided that they are delivered one (1) hour after transmission
if sent during the recipient's business hours, or 9:00 a.m. (recipient's time)
the next business day. Either party may, by giving the other Party appropriate
written notice, change the designated address, fax number and/or recipient for
any notice or courtesy copy, hereunder.
15.4
Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused,
unclaimed, or undeliverable, because of an act or omission of the party to be
notified shall be deemed effective as of the first date that said notice was
refused or deemed undeliverable by the postal authorities, messenger, facsimile
machine, email server, or overnight delivery service.
16.
Communication not Private:
We do not provide any facility for
sending or receiving private or confidential electronic communications. All
messages transmitted to Us shall be deemed to be readily accessible to the
general public. Visitors should not use this Site or Services to transmit any
communication for which the sender intends only the sender and the intended
recipient(s) to read. Notice is hereby given that all messages and other
content entered into or on this Site or Services can and may be read by the
agents and operators of the Site or Services, regardless of whether they are
the intended recipients of such messages.
17. Force
Majeure:
We shall not be responsible for any
failure to perform due to unforeseen circumstances or to causes beyond Our
reasonable control, including but not limited to: acts of God, such as fire,
flood, earthquakes, hurricanes, tropical storms or other natural disasters;
war, riot, arson, embargoes, acts of civil or military authority, or terrorism;
fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy,
labor or materials; failure of the telecommunications or information services
infrastructure; hacking, SPAM, or any failure of a computer, server or
software, for so long as such event continues to delay the Site’s or Services’
performance.
18.
Arbitration Provisions:
18.1
Binding Arbitration - If
there is a dispute between the parties arising out of or otherwise relating to
this Agreement, the parties shall meet and negotiate in good faith to attempt
to resolve the dispute. If the parties are unable to resolve the dispute
through direct negotiations, then, except as otherwise provided herein, either
party must submit the issue to binding arbitration in accordance with
applicable Arbitration Ordinance. Claims subject to arbitration (“Arbitral
Claims”) shall include, but are not limited to, contract and tort claims of all
kinds, and all claims based on any federal, state or local law, statute, or
regulation, excepting only claims by Us under applicable worker’s compensation
law, unemployment insurance claims, intellectual property claims (including but
not limited to claims involving copyrights, trademarks, patents, unfair
competition, and/or trade secrets), along with actions (regardless of the
underlying cause of action) seeking injunctions, attachment, garnishment, and
other equitable relief. The arbitration shall be conducted in the Republic of Cyprus,
in a convenient location agreed to by the parties, or absent such agreement,
selected by the Arbitrator. The arbitration shall be conducted by a single
arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator
shall be willing to execute an oath of neutrality.
18.2 The Arbitrator shall have no
authority to award any punitive or exemplary damages, certify a class action,
add any parties, or vary or ignore the provisions of this Agreement. The
arbitrators shall be bound by and apply Cyprus law to any dispute submitted for
arbitration hereunder, and this Agreement shall be interpreted in accordance
with the laws of the Cyprus. The arbitrator shall render a written opinion
setting forth all material facts and the basis of his or her decision within
thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES
HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL
CLAIMS.
18.3 No
waiver of right to arbitration - There shall be no waiver of the right to
arbitration unless such waiver is provided affirmatively and in writing by the
waiving party to the other party. There shall be no implied waiver of this
right to arbitration. No acts, including the filing of litigation, shall be
construed as a waiver or a repudiation of the right to arbitrate.
18.4 No action, regardless of form,
arising out of or in conjunction with the subject matter of this Agreement,
except for claims involving intellectual property, claims to recover
outstanding amounts due to Us and claims for indemnification, may be brought by
any party more than one (1) year after the cause of action arose.
19.
Miscellaneous Provisions:
19.1 These Terms and Conditions,
together with the Privacy Policy and any other legal notices published by Us on
the Site, shall constitute the entire agreement between You and Us concerning
the Site. If any provision of these Terms and Conditions is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any term of these
Terms and Conditions shall be deemed a further or continuing waiver of such
term or any other term, and the Site's failure to assert any right or provision
under these Terms and Conditions shall not constitute a waiver of such right or
provision. The Site reserves the right to amend these Terms and Conditions at
any time and without notice, and it is Your responsibility to review these
Terms and Conditions for any changes. Your use of the Site following any
amendment of these Terms and Conditions will signify Your assent to and
acceptance of its revised terms. YOU AND THE SITE AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
19.2
Assignment. The
rights and liabilities of the parties hereto will bind and inure to the benefit
of their respective assignees, successors, executors, and administrators, as
the case may be.
19.3
Severability. If for
any reason a court of competent jurisdiction or an arbitrator finds any
provision of this Agreement, or any portion thereof, to be unenforceable, that
provision will be enforced to the maximum extent permissible and the remainder
of this Agreement will continue in full force and effect.
19.4 No
Waiver. No
waiver or action made by Us shall be deemed a waiver of any subsequent default
of the same provision of this Agreement. If any term, clause or provision
hereof is held invalid or unenforceable by a court of competent jurisdiction,
such invalidity shall not affect the validity or operation of any other term,
clause or provision and such invalid term, clause or provision shall be deemed
to be severed from this Agreement.
19.5
Headings. All
headings are solely for the convenience of reference and shall not affect the
meaning, construction or effect of this Agreement.
19.6
Complete Agreement. This
Agreement constitutes the entire agreement between the parties with respect to
Your access and use of the Site, Services and the Materials contained therein,
and Your use of the Site and Services, and supersede and replace all prior
understandings or agreements, written or oral, regarding such subject matter.
19.7
Other Jurisdictions. We
make no representation that the Site, Services or any of the Materials
contained therein are appropriate or available for use in other locations, and
access to them from territories where their content may be illegal or is
otherwise prohibited. Those who choose to access the Site and Services from
such locations do so on their own initiative and are solely responsible for
determining compliance with all applicable local laws.
Appendix 1
to the Agreement
We reserve the right to terminate the Referral Program at any time for any
reason. The Program is administered by the Company, which may outsource certain
elements of administration to third parties.
These Terms are applicable to new
Verified Members participation in the Referral Program. By participating in the
Referral Program, Verified Member (“You”) agrees to use the Referral Program as
outlined herein, and consistent with any other terms we may apply to the
Referral Program. If you do not agree to these Terms in their entirety, then
you cannot participate in the Referral Program.
1. SCOPE OF
REFERRAL PROGRAM
1.1. The Referral Program shall
apply to Verified Member that decided to refer others to register on the Site,
as Verified Members, (hereinafter “Referrer”) and to the person (natural person
and/or legal entity), that are referred by the Referrer to the Site
(hereinafter the “Invited Member”).
1.2. The Referral Program provides
each Referrer with the ability to earn rewards in case the following conditions
are met:
1.2.1. Referrer shall become a
Verified Member as defined in General Terms and Conditions of the Site - https://mrxvideos.com/static/terms
(the “General Terms”).
1.2.2. After the Referrer’s
successful and finalized registration as a Verified Member, the Referrer will
receive a Referral Link (which is unique and personalized) via personal profile
on the Site. Referral Link is a unique code that allows the Company to track
that the Invited Member was invited by the Referrer.
1.2.3. Referrer may share the
Referral Link with any natural person or legal entity via any available sources
of communication, e.g. via social media, e-mails, websites. Referrers must
comply with all applicable laws and regulations and may not make any unlawful
and/or unsolicited actions during the sharing of Referral Link. Referrer must
comply with up-to-date “SPAM” laws and marketing regulations, which may include
the laws of the jurisdiction where the intended Invited Member resides. Any
distribution of the Referral Link that could constitute unsolicited commercial
email or spam under any applicable law or regulation is expressly prohibited
and will constitute grounds for immediate termination of your account and
exclusion from Referral Program. The Company reserves the right to
automatically disqualify suspicious Referrals.
1.2.4. The Invited Member shall only
be a natural person or legal entity that is new on the Site and that has never
been registered on the Site. The Referrer may not receive any income from the
Invited Member that was registered as a Verified Member on the Site prior to
receiving the Referral Link from the Referrer. The Referrer shall not receive
any income from rejected or incomplete registration attempts by the Invited
Member.
1.2.5. The Invited Member shall
register as a Verified Member in accordance with the General Terms via Referral
Link of the Referrer. We shall not pay any reward to the Referrer if the
registration as Verified Member of the Invited Member was made without Referral
Link. It is an obligation of the Referrer to provide Invited Member with
Referral Link, and we bear no responsibility if registration as Verified Member
was made without such Referral Link.
1.2.6. The Referrer may receive five
percent (5%) of the total income, which the Invited Member will receive from
the Company during twelve (12) months after registration as a Verified Member.
The Company, at its sole discretion, reserves the right to define sources of
income of the Invited Member that will count towards calculation of the
Referrer's reward. The Company will place such sources and Referrer's reward on
a special web page available for the Referrer.
1.2.7. The duration of the Referral
Program is twelve (12) months after the registration of the Invited Member as a
Verified Member. The duration of the Referral Program starts from the date of
the creation of the account by the Invited Member (not from the date of
verification of this account, not from the upload date of its first uploaded
video, etc.).
1.3. The Referrer may not earn more
than $50,000 (Fifty Thousand US dollars) for one Invited Member for the whole
duration of the Referral Program.
1.4. To raise the possible reward
of the Referrer, the Company may collaborate with third-party service
providers. In such a case, if the Invited Member registers on the website(s) of
third-party service providers, then the Invited Member’s latter registration
will be automatically linked with the Referrer for the purpose of receiving an
additional reward. In case that such interaction increases the income of the
Invited Member, the Referrer will be awarded with an extra reward.
The following rules are applicable
for the Referrer and for the Invited Member in connection with the said
third-party service providers:
- The duration of the Referral
Program starts from the date of the creation of the account by the Invited
Member on the Site or on website(s) of the third-party service providers,
depending on which action occurred first.
- You give us the right to transfer
your personal data to the said third-party service providers in accordance with
our Privacy Policy.
- At the same time, we do not own
and/or operate third-party service providers’ website(s). You acknowledge and
agree that We are not responsible or liable for the availability of such
external websites or resources, do not screen or endorse them, and are not
responsible for or liable for any content, advertising, services, products, or
other materials on or available from such websites or resources. In addition,
your business dealings or correspondence with such third parties are solely
between you and the third parties. We encourage you to read the terms and
conditions and/or privacy policy of the said third-party service providers
carefully prior to entering legal relationships with them.
2. PAYMENT
TERMS
2.1. Company is obliged to pay
Referrer a fixed income share percentage of the Invited Member in case the
procedure described in the Terms was met.
2.2. The precise amount payable
shall be disclosed to the Referrer via the special web page with Referrer’s
reward statistics.
2.3. The Company reserves the right
to cancel or change the payment methods available to Referrers, the timing of
payments, the minimum referral fees required for payment, and any other payment
terms in its own discretion, without prior notice. You acknowledge and agree
that it is your responsibility to review the Site periodically for any changes
to the payment terms.
2.4. The Company reserves the right
to determine the manner in which payments shall be processed. Payments shall be
usually made on a monthly basis if another term is not specified separately by
the Company.
2.5. You acknowledge and agree that
the Company is not responsible for any currency conversion charges or fees you
may incur as a result, or for any fluctuations in the respective value, if any.
2.6. It is your responsibility to
determine which, if any, taxes apply to the payments connected with the
Referral Program, and it is your responsibility to report and remit the correct
tax to the appropriate tax authority. You agree that the Company is not
responsible for determining whether taxes apply to your payments in connection
with the Referral Program and does not act as your tax agent.
2.7. The Company reserves the right
to monitor the actions of the Referrer in order to define whether the Referrer
acts in accordance with applicable laws, regulations and/or internal procedures
of the Company. In case the Referrer violates any laws, regulations and/or
internal procedures of the Company, the Company may impose fines and other
kinds of legal liability to the Referrer, including, without limitation, the
withholding of earned rewards of the Referrer.
3.
ELIGIBILITY 3.1.
To participate in the Referral
Program the Referrer must meet the following criteria:
3.1.1. The Referrer must be at least
18 years old or of other legal age, according to Referrer’s relevant
jurisdiction. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS, OR
PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
3.1.2. The Referrer must finish the
registration as Verified Member according to the General Terms.
3.1.3. The Referrer must have full
power and authority to enter into this legal relationship, and by doing so will
not violate any other legal relationships.
3.1.4. The Referrer must ensure that
Invited Member is at least 18 years old or of other legal age, according to
Invited Member’s relevant jurisdiction and that the Invited Member is registered
as Verified Member.
3.1.5. The Referrer and Invited
Member must fully comply with General Terms.
3.1.6. The Referrer must not use any
illegal content, ways and/or actions to attract Invited Members to register on
the Site. In the event that we believe, at our sole and absolute discretion,
that the Referrer violates these Terms and General Terms, your account with the
Company will be immediately terminated, and all rewards that would have
otherwise been payable to you hereunder will be deemed surrendered by you in
partial payment of the damages for your breach.
3.1.7. The Referrer must not engage
in any type of spamming. No spamming of any kind or in any form, whatsoever, is
permitted in relation to Referral Program.
4.
MISCELLANEOUS PROVISIONS
4.1. In case the definition in
these Terms does not have its meaning, it shall be understood as it appears in
the General Terms.
4.2. All terms and conditions of
the General Terms shall be applicable to the Referral Program unless otherwise
is specified in these Terms.
4.3. Referrer’s participation in
the Referral Program does not authorize Referrer to act on our business’, its
parent’s or their respective affiliates’ behalf. Nothing herein is intended or
will be construed to constitute or imply a joint venture, employer-employee
relationship, partnership, or association between Referrer and the Company, its
parent or their respective affiliates. By participating in the Referral
Program, Referrer acknowledges that Referrer does so at Referrer’s own risk and
as an independent contractor, and that the Company is not directing how
Referrer fulfils its obligations hereunder.
4.4. By participating in the
Program, you agree to and will indemnify and hold our business, its parent, and
their respective affiliates harmless from and against any and all damages,
costs, expenses, claims, or liabilities of any kind, including third party
claims, whether pending or threatened, including without limitation, attorneys’
fees and court costs, incurred by any of them arising out of or related to your
participation in the Program or breach of these Terms.
4.5. The Company is not responsible
for errors, omissions, malfunctions, interruptions, deletions, delays or
failures of operations. The Company reserves the right to close the account(s)
of any Referrer and/or Invited Member and to request proper payment if the
Referrer and/or Invited Member attempts to use the Referral Program in a
questionable manner or breaches any of these Terms or is in violation of any
law, statute, or governmental regulation. All of the Company’s decisions are
final and binding.
4.6. The Company reserves the right
to cancel the Referral Program or to change these Terms at any time at its sole
discretion. The Program is subject to modification or termination at any time
without notice at the Company’s sole discretion.