These Terms of Use apply to all users who wish to contribute via email, mobile phone or any other means, content (photos, videos, text and/or any other information), in this document further called ‘User Submissions’, to www.adults.com (the Website). By using the Website, you expressly indemnify the Website, its owners, operators and hosting services, from any and all liability arising from User Submissions.
A. The Website may, but is not obliged to, permit the uploading of User Submissions by you and other users and the hosting, sharing, and/or publishing of such User Submissions at the Website’s absolute discretion. You understand and agree that the Website does not guarantee any confidentiality with respect to any User Submissions whether published or not.
B. You shall be solely responsible for your own User Submissions and the consequences of sending/posting them to the Internet. In connection with User Submissions, you affirm, represent, and/or warrant that:
You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and relating to all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and
You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use and upload the likeness of and any personal information identifying 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 Use.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Website, you grant the Website a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and make available the User Submissions in connection with the Website’s (and its successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Website a non-exclusive license to access your User Submissions through the Website
C. In connection with User Submissions, you further agree that you will not:
Upload, allow another to upload or be in any way involved in the uploading of any material that depicts persons who are or who are pretending to be under the age of 18, even if the person is fully dressed;
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 the website all of the license rights granted herein;
Submitting material that you do not own or did not create;
Publish falsehoods or misrepresentations that could damage the Website or any third party;
Submit material depicting or implying rape, forced sexual acts, beastiality, death, use of controlled substances (implied, staged, simulated, artificial or cartoon/drawn/art);
submit material depicting violence, abuse: (actual, unconcented harm to another living thing);
Submit material that is unlawful, defamatory, libelous, threatening, harassing, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
Post advertisements or solicitations of business with a non-webmaster account;
Submit identifying material without the permission of the persons or trademarks identified;
D. The Website does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Website expressly disclaims any and all liability in connection with User Submissions. The Website does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and the Website will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The Website reserves the right to remove Content and User Submissions without prior notice. The Website will also terminate a User's access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. While pornographic and adult content are accepted, the Website also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive file size. The Website may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
The Website may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
E. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512©(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Breach of these conditions will result in you being banned from the Website, and if illegal material has been uploaded or posted, the Website will report the crime to applicable police or regulatory agencies.