1. ACCEPTANCE
By using and/or visiting the Zootube365 website (collectively, including but not
limited to all Content, Uploads and User Submissions available through Zootube365.com,
"Zootube365", the website) you agree to the terms and conditions
contained herin and the terms and conditions of Zootube365's privacy policy
incorporated herin, and all future amendments and modifications (collectively
referred to as the "Agreement"). By entering, you agree to be bound
by these terms and conditions. If you do not agree to be bound the terms and
conditions contained herein, then do not use Zootube365.com.
The terms and conditions of this Agreement are subject to change by Zootube365 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 Zootube365.com.
The terms and conditions contained herein apply to all users of Zootube365 whether
a 'visitor' or a 'member' and you are only authorized to use Zootube365.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 Zootube365 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, Zootube365 contains video content, information and other materials
posted/uploaded by users. Zootube365 allows its users to view the Content and
Website subject to the terms and conditions of this Agreement.
The Zootube365 website may also contain certain links to third party websites
which are in no way owned or controlled by Zootube365. Zootube365 assumes no
responsibility for the content, privacy policies, practices of any and all
third party websites. Zootube365 cannot censor or edit the content of third party
sites. You acknowledge that Zootube365 will not be liable for any and all
liability arising for your use of any third-party website.
Zootube365.com is for your personal use and shall not be used for any commercial
endeavor except those specifically endorsed or approved by Zootube365.com. Any
illegal and/or unauthorized use of Zootube365 is prohibited including but not
limited to collecting usernames and e-mail addresses for sending unsolicited
emails or unauthorized framing or linking to the Zootube365 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 Zootube365. You agree that you
shall not (nor others using your account) post, upload, publish, transmit or
make available in any way on Zootube365 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 Zootube365 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 Zootube365 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 Zootube365 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 Zootube365 in any way that exposes Zootube365 to criminal
or civil liability.
You agree that Zootube365 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 Zootube365 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 Zootube365, 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. Zootube365
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 Zootube365 or features
that prevent or restrict use or copying of any Content or enforce limitations
on use of the Zootube365 Website or the Content therein.
6. USER SUBMISSIONS
Zootube365 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, Zootube365
does not guarantee any confidentiality with respect to any submissions.
Zootube365 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 Zootube365 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 Zootube365, you hereby grant Zootube365
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 Zootube365 Website and Zootube365's
(and its successor's) business, including without limitation for promoting
and redistributing part or all of the Zootube365 Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the Zootube365 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 Zootube365 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 Zootube365 all of the license rights granted herein;
5. publish falsehoods
or misrepresentations that could damage Zootube365 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. Zootube365 does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and Zootube365 expressly disclaims
any and all liability in connection with User Submissions. Zootube365 does not
permit copyright infringing activities and infringement of intellectual
property rights on its Website, and Zootube365 will remove all Content and User
Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. Zootube365 reserves the right
to remove Content and User Submissions without prior notice or delay. Zootube365
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, Zootube365
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. Zootube365 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 Zootube365.com, you will be exposed
to User Submissions from a variety of sources, and that Zootube365 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
Zootube365 with respect thereto, and agree to indemnify and hold Zootube365, 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 Zootube365 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 Zootube365 network or services at any time, for
any reason, or for no reason at all, with or without notice.
Zootube365 provides its website as a service to its users. However, Zootube365 assumes
no responsibility whatsoever for monitoring the Zootube365 Services for
inappropriate content or conduct. If at any time Zootube365 chooses, in its sole
discretion, to monitor the Zootube365 Services, however, Zootube365 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. Zootube365 may review and delete any User Submissions
that, in its sole judgment, violates this Agreement or may be otherwise
offensive or illegal, or violate the rights, harm, or threaten the safety of
any User or person not associated with the Website (collectively
"Inappropriate User Submissions"). You are solely responsible for
the User Submissions that you make visible on the Website or to any
third-party website via an embedded player provided by the Website or any
other material or information that you transmit or share with other Users or
unrelated third-parties via the Website.
7. POLICY
Zootube365 abides by a ZERO TOLERANCE policy relating to any illegal content.
Child Pornography, rape, torture, snuff, death and/or any other
type of obscene and/or illegal material shall not be tolerated by Zootube365. Zootube365
shall not condone child pornography and will cooperate with all governmental
agencies that seek those who produce child pornography.
8. FEES
You acknowledge that Zootube365 reserves the right to charge for Zootube365 services
and to change its fees from time to time in its discretion. Further more, in
the event Zootube365 terminates your rights to use the website because of a breach
of this Agreement, you shall not be entitled to the refund of any unused
portion of subscription fees.
9. WARRANTIES
You represent and warrant that all of the information provided by you to Zootube365
to participate in the Zootube365 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 Zootube365, you must agree to the terms of Zootube365'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
Zootube365 with regard to its users may be disclosed in accordance with the Zootube365
Privacy Policy.
10. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE Zootube365 WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, Zootube365, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Zootube365 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 Zootube365 WEBSITE. Zootube365 DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE Zootube365 WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Zootube365 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 Zootube365 SHALL
NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL Zootube365, 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 Zootube365 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 Zootube365 SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
12. INDEMNITY
You agree to defend, indemnify and hold harmless Zootube365, 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 Zootube365 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 Zootube365 Website.
You affirm that you are either more than 18 years of age or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms and Conditions contained herein.
13. ASSIGNMENT
The Terms and Conditions contained herein and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by Zootube365
without restriction.
If any term, clause or provision of the agreement is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not
affect the validity or operation of any term, clause or provision and such
invalid term, clause or provision shall be deemed to be severed from this
Agreement.
14. JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws
of Republic of Panama,
without regard to conflicts of law principles. The sole and exclusive
jurisdiction and venue for any action or proceeding arising out of or related
to this Agreement shall be in an appropriate state or federal court located
in the Republic of Panama.
You hereby submit to the jurisdiction and venue of said Courts. You consent
to service of process in any legal proceeding.
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