TERMS AND CONDITIONS
Last Updated April 19, 2019
IMPORTANT LEGAL NOTICE.
SERVICES OFFERED THROUGH THE WEBSITE. THESE TERMS SET FORTH A BINDING AGREEMENT BETWEEN YOU AND
YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU
LIVE OR RESIDE TO AGREE TO THESE TERMS.
binding agreement between you and
("Company," “we,” “us” or “our”) and govern
your use of Company’s PornDoe.com website (“Website”) and the content, products and services offered
through the Website (collectively with the Website, the “Services”). By accessing, viewing or using any
Services, you represent and warrant that you are at least 18 years old and the age of majority and legal
consent in the jurisdiction in which you live or reside, and you agree to be bound by and subject to
these Terms. If you do not agree to these Terms, you should not check or click on, or otherwise agree
to, these Terms, and you should immediately leave this page and not access or use the Website or any
other Services. Upon our request, you agree to sign a non-electronic version of these Terms.
BY US IN OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. We indicate at the top of the page when
these Terms were last updated. Your continued access or use of the Website or any other Services
following such changes will be deemed acceptance of such changes. In addition, we reserve the right to
modify or cease providing all or any portion of the Services at any time, with or without notice. Be
sure to return to this page periodically to ensure familiarity with the most current version of these
information you provide to us through the Website. Any personal information submitted through the
Website by you is subject to our Privacy
Policy, which is incorporated herein by reference. By using any feature on this Website, you are
consenting to the recording of your voice, image and/or text conversations (collectively, “Recordings”)
by us. We may store and use Recordings for relevant business purposes including but not limited to:
fraud prevention, chargeback analysis and consumer protection. The Recordings are maintained in
RESPECT TO YOUR PERSONAL INFORMATION. We do not knowingly collect personal information from persons
Account. In order to participate in or receive certain Services, you will
be required to create an account with us (“Account”), and you may be subject to additional contractual
terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be
accessible to you on the Website or presented to you as Additional Terms when you sign up for or access
such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your
Account is for your individual, personal use only, and you may not authorize others to use your Account
for any purpose. In creating your Account, you certify that all information you provide is complete and
accurate. You agree to update your information when required or requested, and you further agree not to
use another person’s account without permission. You are responsible for maintaining the confidentiality
of, and restricting access to, your Account and password, and you agree to accept sole responsibility
for all activities that occur under your Account or password. You agree to contact our firstname.lastname@example.org immediately of any breach of security or unauthorized
use of your Account or any violation of these Terms by others of which you are aware. You agree that we
shall have no liability for any losses, damages, liabilities or expenses you may incur due to any
unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such
unauthorized use. We reserve the right to create accounts for quality control and administrative
purposes. Such accounts may be publicly viewable.
Use of Services; Assumption of Risk. The Services may not be accessed or
used where prohibited by law. You understand that by accessing or using the Services, you may encounter
content that may be deemed mature, offensive, indecent or objectionable, which content may or may not be
identified as having explicit language or adult themes, and which in certain circumstances may be due to
your interactions with other users or members in the course of accessing or using the Services. YOU
FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES,
including but not limited to, any online or offline communications and personal interactions with others
(such as dating). It is your responsibility to take all advisable and necessary precautions when
interacting with individuals you meet or come into contact with through the Services.
Your Additional Representations and Warranties. You further represent and
warrant to us, under penalty of perjury, as follows:
PLEASE NOTE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS OR MEMBERS.
You will not provide or permit access or use of the Services, or your Account, by any minors;
Your Account information is current, complete and accurate and you will promptly update all
information to keep your Account and billing information complete and accurate upon any change
(such as change of billing address, credit card number or expiration date);
You have not and will not access or use the Services from any place or jurisdiction where such
use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or
customs, and you are not a national or resident of any country which the United States has (i)
embargoed goods; (ii) identified as a “Specially Designated National”; or (iii) placed on the
Commerce Department’s Table of Deny Orders;
Your use of the Services is and will be in compliance with all applicable laws, rules,
regulations, ordinances, edicts or customs;
If you establish an Account, you (i) have never been convicted of a felony; and (ii) are not
required to register as a sex offender with any government entity or agency; and
You are either single or separated from your spouse or domestic partner.
You will not use any robot, spider, scraper or other automated measures to (i) access or use the
Services, (ii) circumvent any technical measures we use to provide the Services, (iii) cause
harm to us or our affiliated entities, (iv) manipulate the results or outcome of any contest,
game, program, or promotion that awards Promotional Credits (defined below).
Third Party Links and Pages; Reliance on Content and Advice.
The Services may include hyperlinks or banner ads to third-party websites, content and/or
resources ("Resources"). You acknowledge and agree that we have no control over and are not
responsible for the availability of any such Resources, and we do not endorse any advertising,
products or other materials on or available from such Resources. Because we cannot control the
activities of such Resources, we cannot accept responsibility for any use of your personal
information by such third parties, and we cannot guarantee that they will adhere to the same
privacy and security practices as us. If you visit or link to a Resource, you should consult
shall have no liability for any losses, damages, liabilities or expenses you may incur due to
your use of such Resources, and you agree to indemnify us and hold us harmless for any such use.
Opinions, advice, statements, offers, or other information or content made available through the
Services are those of their respective authors, and should not necessarily be relied upon. Such
authors are solely responsible for such content. We do not: (i) guarantee the accuracy,
completeness, or usefulness of any information through the Services, or (ii) adopt, endorse or
accept responsibility for the accuracy or reliability of any opinion, advice, or statement made
by any party that appears through the Services. Under no circumstances will we or our affiliated
entities be responsible for any loss or damage resulting from your reliance on information or
other content posted through the Services or transmitted to or by any of our users or members.
Proprietary Rights. The content provided through the Services, including
but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos,
interactive features, blogs, posts, feedback, messages, tags and other materials (collectively,
"Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or
licensed to us, subject to copyright and other intellectual property rights under United States and
foreign laws and international conventions. All Content is provided to you solely for your information
and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any
Content other than as expressly permitted herein. 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 circumvent, disable or otherwise interfere with security related features of the Services or
features that prevent or restrict use or copying of any Content or enforce limitations on the use of the
Services or Content. We or our licensors retain all intellectual and proprietary rights in and to the
Services and Content, except as expressly provided herein. No right is granted to you herein to use any
Content Provided "AS IS"; Access to Content. You understand that Content,
whether publicly posted or privately transmitted, is the sole responsibility of the person from whom
such Content originated. We do not control this Content and do not guarantee its accuracy, integrity or
quality. All such Content is provided "AS IS" without representation or warranty of any kind. Under no
circumstances shall we be liable to you in any way for any Content, including but not limited to, any
errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of
any Content. We claim immunity from liability to the fullest extent permitted by law, and as further
provided under the Communications Decency Act, for any Content provided by third parties. Neither our
actions nor any provision in these Terms is intended to waive, remove or usurp such immunity.
Noncommercial Use. The Services are made available for your personal,
noncommercial use. You will not advertise or solicit any user or member to buy or sell any products or
services through the Services. You may not transmit any chain letters, junk or spam e-mail to other
users or members. Further, you will not use any information obtained from the Services in order to
contact, advertise to, solicit, or sell to any user or member without their prior express consent. If
you breach the terms of this subsection and/or send or post unsolicited bulk email, "spam" or other
unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of
action we may have, statutory or otherwise, including but not limited to, the right to seek statutory
penalties for each such unsolicited communication you send through the Services.
Personal Communications and License to Your Content; Right to Block or Remove Content.
You acknowledge and agree that your communications with other users or members via chats,
conferences, bulletin boards, blogs, posts and any other publicly accessible avenues of
communication through the Services are public and not private communications. Therefore, we
strongly encourage you to use caution before disclosing any personal information about yourself
in your public communications. We are not responsible for information that you choose to
communicate to other users or members, or for the actions of other users or members, and you
agree to indemnify us and hold us harmless from any losses, liabilities, damages or expenses you
you post, send or otherwise make publicly available any Content through the Services ("Personal
Content"), you expressly grant us, and hereby represent that you have the right to grant us, a
perpetual, irrevocable, world-wide, assignable, sub-licensable, and transferable right and
license to quote, re-post, use, copy, reproduce, modify, create derivative works of, incorporate
into other works, distribute, transmit, broadcast, communicate, publicly display, publicly
perform and otherwise exploit such Content in any form or media, anywhere, and without any
notice or compensation to you of any kind. You hereby grant us all consents, rights and
clearances to enable us to use such Personal Content for such purposes. Personal Content may be
searchable by, and you may be able to view and search Personal Content on, different websites
(i.e., different URLs in the form of "co-brands" or "private labels") operated by us or our
affiliated entities. Personal Content may also be searchable by third-party search engines, such
as google, yahoo and bing.
We reserve the right, but not the obligation, to refuse to transmit or post, and to disclose,
block or remove any Content, including but not limited to, Personal Content, in whole or in
part, that we, in our discretion, deem to be in violation of these Terms or otherwise harmful to
persons using the Services, regardless of whether this material or its dissemination is
unlawful. We retain the right, but not the obligation, to monitor all transmissions and postings
of Personal Content and other materials from time to time to investigate or prevent violations
of these Terms. In addition, we may also take reasonable steps, including the limiting or
filtering of the number of emails, chat messages or posts sent or received by a user or member.
As a content partner, you acknowledge and agree that removal of your content from your existing
channel(s), upon request by an authorised person from your organisation, shall be executed at a
maximum rate of 10 videos per channel, per month.
Your Conduct. You further agree not to use the Services to:
PLEASE REPORT ANY VIOLATIONS OF THIS SECTION OR THESE TERMS TO email@example.com.
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way or commit abuse;
impersonate or misrepresent your affiliation with, including acting as an employee of, us or our
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a
right to make available under any law or 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);
upload, post, email, transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any person;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "affiliate marketing codes," "link referral code," or any
other form of commercial solicitation;
upload, post, email, transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software, hardware, networks or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users or
members of the Services are able to type, or otherwise act in a manner that negatively affects
other users' or members' ability to engage in real-time exchanges;
interfere with or disrupt the Services or servers or networks connected to the Services, or
disobey any requirements, procedures, policies or regulations of networks connected to the
Services, including using any device, software or routine to bypass our robot exclusion headers;
violate any applicable local, state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, but not limited to, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of
provide material support or resources (or conceal or disguise the nature, location, source, or
ownership of material support or resources) to any organization(s) designated by the United
States government as a foreign terrorist organization pursuant to section 219 of the Immigration
and Nationality Act;
"stalk" or otherwise harass another person or user or member;
collect or store personal data about other users or members without their consent (including,
but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email,
transmit, chat or otherwise disclose other users' or members' private information; or
disclose any telephone numbers, street addresses, last names, URLs or email addresses in any
user or member profile that you create.
Member Interactions and Disputes.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND
SERVICES. YOU UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO SCREEN OUR USERS OR MEMBERS;
INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR MEMBERS; OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR
USERS OR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS
OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. IF YOU FIND OTHER USERS' OR
MEMBERS' INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE. WE RESERVE THE
RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS OR MEMBERS OR TO
TERMINATE OR BLOCK YOU AND OTHER USERS OR MEMBERS FOR VIOLATIONS OF THESE TERMS. PLEASE ALSO USE
CAUTION, COMMON SENSE, AND SAFETY WHEN USING THE SERVICES TO INTERACT WITH OTHER USERS AND
MEMBERS. We further reserve the right, but have no obligation, to conduct any credit, criminal
or other background checks using publicly available records, at any time, to confirm your
compliance with these Terms.
In the event that you have a dispute with one or more other users or members, you hereby release
us, our parent, subsidiaries and affiliated entities, and ours and their shareholders,
directors, officers, employees, agents, successors and assigns from any and all claims, demands,
damages (actual and consequential), losses and liabilities of every kind or nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes. If you are a California resident, you waive California Civil Code
Section 1542, which says: "A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the release, which, if known
by him must have materially affected his settlement with the debtor."
Subscription, Usage and Foreign Transaction Fees; Promotional Credits.
Subscription Fees. Certain Services are subject to subscription fees ("Subscription
Fees"). These Subscription Fees are provided to you upon registration and may change from time
to time. Unless otherwise indicated, Subscriptions Fees cover an initial period, for which there
is a one-time charge, followed by recurring periodic charges for subsequent periods as agreed to
by you upon registration. You acknowledge that your subscription has an initial and recurring
payment feature and you accept responsibility for all recurring charges prior to cancellation.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU
PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING AT OUR REQUEST) THAT YOU HAVE TERMINATED THIS
AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES APPLIED
BEFORE WE CAN REASONABLY ACT.
Other Fees. Certain other Services may require you to make one-time payments or prepay
certain amounts for credits, tokens, digital items or goods which may be redeemed solely for
specified Services ("Credits"). Credits, as well as unused balances as described in Section
14(c), may not be redeemed for cash and may not be returned or forfeited for a cash refund,
except as may be required by applicable law. In addition, Credits and unused balances are not
Usage Fees. Certain Services may require a sufficient balance of funds in your Account
against which usage or similar fees (e.g., pay per minute or pay per view) may be charged. If
you have not logged into your Account in the previous 180 days, we reserve the right, in our
sole discretion, and without notice or liability to you, to charge you in the following month(s)
an Account maintenance fee equal to 50 tokens per month or, if less than 50 tokens remains in
your Account, the remaining funds. The Account maintenance fee will only be deducted from the
funds remaining in your Account. Your credit card(s) on file with us will not be charged, and
you will not incur a negative balance, due to any such Account maintenance fee.
Foreign Transaction Fees. We may use credit card processors or banks outside the United
States to process your transactions. In some instances, your bank or credit card issuer may
charge you a foreign transaction or similar fee or charge. Before purchasing any Services,
please check with your bank or credit card issuer for more information about its policies
regarding foreign transaction and similar fees and charges.
Promotional Credits. You expressly acknowledge that any promotion that provides points,
pre-recorded shows, or similar credits or benefits (collectively, "Promotional Credits") may be
terminated by us in our sole discretion at any time. If you have not logged into your account in
the previous 180 days or if your membership is terminated for any reason, your Promotional
Credits, if any, will expire and be forfeited. Unless expressly indicated for the specific
promotion, Promotional Credits have no cash value and may not be redeemed for cash, converted
for other Services and/or transferred to third-parties.
We reserve the right to terminate or restrict your access to or use of the Services, without
notice or liability, for any or no reason whatsoever. In addition, we may terminate your Account
and any membership and/or subscription with us by sending notice to you at the email address you
provided in your application for membership, or pursuant to Section 31 below. Upon termination
of these Terms, you will not be entitled to any refund of any unused Subscription Fees or other
prepaid amounts. All decisions regarding the termination of Accounts shall be made by us in our
sole discretion. We are not required, and may be prohibited, from disclosing to you the reason
for termination of your Account, membership or subscription.
You may terminate your Account, membership and/or subscription with us at any time, and
termination will be effective immediately upon receipt of notice in accordance with Section 31.
WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY AMOUNTS PREPAID BY YOU AND YOU WILL NOT RECEIVE ANY
REFUND FOR ANY UNUSED DAYS OF ANY SUBSCRIPTION TERM.
Upon termination of these Terms for any reason, those provisions which, by their nature survive
termination (including, but not limited to, Sections 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35) shall survive
termination in accordance with their respective terms.
In order to provide continuous service, we automatically renew all paid subscriptions for the
Services on the day such subscriptions expire. Such renewals shall be (i) for a period
equivalent to the period of your initial subscription to the Services or a shorter period of
time if specified, and (ii) in our discretion, at the price of the same or comparable Services
then in effect. In addition, we sometimes offer special promotions that have renewal periods of
different duration than the original subscription term. We always communicate renewal periods to
you upon confirmation of your subscription and in the body of any special promotions that have
renewal periods of different duration than the original subscription term. By agreeing to these
Terms, you acknowledge that your Account will be subject to the above-described automatic
renewals. In all cases, if you do not wish your Account to renew automatically.
Your non-termination or continued use of the Services reaffirms that we are authorized to charge
your chosen payment provider. We may submit those charges for payment and you will be
responsible for such charges. This does not waive our right to seek payment directly from you.
Your charges may be payable in advance, in arrears, per usage, or as otherwise described when
you initially subscribed to, or otherwise joined, the Services.
DMCA Notice. We strive to comply with the Digital Millennium Copyright Act
of 1998, as amended ("DMCA"), at all times and maintain a repeat offender policy which may result in the
termination of your right to use the Services if you violate such policy. If you believe that your work
has been copied, posted or otherwise made available through the Services in a way that constitutes
copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the
DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent
with the following information in writing, to the extent required by the DMCA: (a) an electronic or
physical signature of the person authorized to act on behalf of the copyright owner that is allegedly
infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple
copyrighted works on a site are covered by a single complaint, a representative list of the allegedly
infringing works on the site); (c) identification of the material that is claimed to be infringing and
to be removed, and information reasonably sufficient to permit us to locate the material; (d)
information reasonably sufficient to permit us to contact you, such as your address, telephone number
and e-mail address; (e) a written statement by you 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
(f) a statement by you, made under penalty of perjury, that the above information in your notice and
complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner's
behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person
who provided the allegedly infringing content. The foregoing information must be submitted to
Subsidiary's DMCA Copyright Agent as follows:
Our designated Copyright Agent to receive DMCA Notices is:
24B Eugen Jebeleanu Street
077190 Voluntari, Ilfov, Romania
Email for incoming DMCA notices: firstname.lastname@example.org
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material
or activity is infringing may be subject to liability.
If you believe that your material has been mistakenly removed or disabled pursuant to this Section 17,
you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material
or activity was removed or disabled by mistake or misidentification may be subject to liability.
Disclaimer of Warranties. THE SERVICES ARE PROVIDED "AS-IS" AND WE
EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING BUT NOT
LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
WARRANTY, SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW, AND IF
NO SUCH PERIOD IS REQUIRED, THEN THIRTY (30) DAYS FROM FIRST USE OF THE SERVICES. WE CANNOT GUARANTEE
AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO
NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US
HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER
USERS' OR MEMBERS' CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR DECEPTIVE. UNDER NO
CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF
THE FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO
US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH
CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification. You agree to indemnify and hold us, our parent,
subsidiaries, and affiliated entities, and ours and their shareholders, directors, officers, employees,
agents, contractors, licensors and licensees, harmless from any loss, liability, claim, demand or
expense, including but not limited to, reasonable attorney's fees, made by any third party due to or
arising out of your use of the Services or any breach or violation of these Terms.
U.S. Export Controls. Software and Content provided through the Services is
subject to United States export controls. No software or Content from the Services may be downloaded or
otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using any such software or Content, you represent and warrant
that you are not located in, under the control of, or a national or resident of any such country or on
any such list.
Choice of Law. These Terms shall be governed by the laws of Romania /
Bucharest, Romania, without regard to its conflict of laws rules or 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 court located in Romania / Bucharest, Romania.
Venue. You agree to exclusive jurisdiction in the United Kingdom and venue
in London, England for all arbitration and other proceedings arising out of these Terms.
Arbitration of Disputes. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER
PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR
AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM
OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE
RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS INTERNATIONAL before a retired judge
in London England. In the event such a JAMS proceeding is unavailable for any reason, such disputes
shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as
modified by these Terms, and will be administered by the AAA before a single retired judge. The
arbitrator shall be empowered to grant whatever relief would be available in a court under law or in
equity. This Section and Section 25 below are subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16
(FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and
may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be
limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP
YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in
this Section 24 shall be deemed to prohibit us from seeking an injunction or other equitable relief in
any court of competent jurisdiction to protect or preserve ours or our licensors' rights in and to
intellectual property or confidential information.
Class Action Waiver. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL
BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY
CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE
THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO ANY SUCH CLAIM.
Electronic Communications. By using the Services, you consent to receiving
electronic communications, e.g., email, from us or our subsidiaries and affiliated entities. These
communications will include notices about your Account and information concerning or related to the
Services. These communications are part of your relationship with us and you receive them as part of
your membership. You agree that any notice, agreements, disclosures or other communications that we send
to you electronically will satisfy any legal communication requirements, including but not limited to,
any requirements that such communications be in writing.
Severability. If any provision of this Agreement is held to be
unenforceable under applicable law, such provision shall be excluded from this Agreement, and the
balance of this Agreement shall be interpreted as if such provision was so excluded and shall be
enforceable in accordance with its modified terms.
Merger; Translations. These Terms represent the entire understanding
between the parties with respect to the subject matter hereof and supersede all previous understandings,
written, oral or implied. Where we have provided you with a translation of the English language version
of these Terms, then you agree that the translation is provided for your convenience only and that the
English language versions of these Terms will govern your relationship with us. If there is any
contradiction between what the English language version of these Terms and any translation, the English
language version shall take precedence.
Force Majeure. Neither you nor we shall be held responsible for any delay
or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes,
embargoes, fires, war, or other causes beyond the affected party's reasonable control.
Construction. The headings used herein are for convenience only and shall
not be deemed to define, limit or construe the content of any provision of these Terms. The meanings
given to terms defined herein will be equally applicable to both the singular and plural forms of such
terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and
Notices. Except as explicitly stated otherwise, legal and other notices
(including but not limited to notices of legal proceedings) shall be delivered to
by mail or overnight courier at Trust Company Complex Ajeltake Rd,
Ajeltake Island, Marshall Islands MH 96960 Attn. Legal, or to you at the email address you provided us
(a) at the time you registered; (b) through a subsequent notice of an address change; or (c) through a
posting through the Services. Physical notices shall be effective when received. Email notices allowed
hereunder shall be deemed given 24 hours after email is sent, unless the sending party is notified that
the email address is invalid. In addition, we may provide notice by certified mail, postage prepaid and
return receipt requested. In such case, notice shall be deemed given when received.
Waiver. Failure to enforce any provision of these Terms shall not
constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall
constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless granted in writing and signed by an authorized
representative of us at our director level or above.
Limitations of Claims. You agree that any claim or cause of action arising
out of or related to these Terms or your use of the Services must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
Non-Assignment. You may not resell, assign or transfer any of your rights
or obligations under these Terms without our prior written consent. We may resell, assign or transfer
our rights and obligations under these Terms at any time without restriction and without notice or
Agreement Binding. This Agreement shall be binding upon the parties and
their successors and permitted assigns.