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