1. ACCEPTANCE
By using and/or visiting the Afroamateur website (collectively, including but
not limited to all Content, Uploads and User Submissions available through
Afroamateur, "Afroamateur", the website) you agree to the terms and conditions
contained herein and the terms and conditions of Afroamateur'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 Afroamateur.
The terms and conditions of this Agreement are subject to change by Afroamateur
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
Afroamateur.
The terms and conditions contained herein apply to all users of Afroamateur
whether a 'visitor' or a 'member' and you are only authorized to use
Afroamateur if you agree to abide by all applicable laws and be legally bound
by the terms and conditions of this Agreement.
2. DESCRIPTION
The Afroamateur 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, Afroamateur contains video content, information and other materials
posted/uploaded by users. Afroamateur allows its users to view the Content and
Website subject to the terms and conditions of this Agreement.
The Afroamateur website may also contain certain links to third party websites
which are in no way owned or controlled by Afroamateur. Afroamateur assumes no
responsibility for the content, privacy policies, practices of any and all third
party websites. Afroamateur cannot censor or edit the content of third party
sites. You acknowledge that Afroamateur will not be liable for any and all
liability arising for your use of any third-party website.
Afroamateur is for your personal use and shall not be used for any commercial
endeavor except those specifically endorsed or approved by Afroamateur. Any
illegal and/or unauthorized use of Afroamateur is prohibited including but not
limited to collecting usernames and e-mail addresses for sending unsolicited
emails or unauthorized framing or linking to the Afroamateur 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. 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 Afroamateur. You agree that you shall not
(nor others using your account) post, upload, publish, transmit or make
available in any way on Afroamateur 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 Afroamateur 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 Afroamateur 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 Afroamateur 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 Afroamateur in any way that exposes Afroamateur to criminal
or civil liability.
You agree that Afroamateur 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 Afroamateur 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 Afroamateur, 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. Afroamateur 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 Afroamateur or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the
Afroamateur Website or the Content therein.
6. USER SUBMISSIONS
Afroamateur 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, Afroamateur
does not guarantee any confidentiality with respect to any submissions.
Afroamateur allows/permits you to link to materials on the Website for
personal, non-commercial purposes only. More over, Afroamateur provides an
"Embeddable Player" feature, which you may incorporate into your own personal,
non-commercial websites for use in accessing the materials on the Website,
provided that you include a prominent link back to the Afroamateur website on
the pages containing the Embeddable Player. Afroamateur reserves the right to
discontinue any aspect of the Afroamateur website at any time. In addition, you
may not modify, build upon or block any portion of the Embeddable Player in any
way.
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 Afroamateur 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
Afroamateur, you hereby grant Afroamateur a worldwide, non-exclusive,
royalty-free, sublicense able and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the Afroamateur Website and Afroamateur's (and
its successor's) business, including without limitation for promoting and
redistributing part or all of the Afroamateur Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the Afroamateur 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 Afroamateur Website.
In submitting material (video or other communication), you further agree that
you shall not:
1. 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 Afroamateur all of the license
rights granted herein;
2. publish falsehoods or misrepresentations that could damage Afroamateur or
any third party;
3. 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;
4. post advertisements or solicitations of business;
5. Impersonate another person. Afroamateur does not endorse any User Submission
or any opinion, recommendation, or advice expressed therein, and Afroamateur
expressly disclaims any and all liability in connection with User Submissions.
Afroamateur does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and Afroamateur will remove all
Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. Afroamateur
reserves the right to remove Content and User Submissions without prior notice
or delay. Afroamateur 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, Afroamateur 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. Afroamateur
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 Afroamateur, you will be exposed
to User Submissions from a variety of sources, and that Afroamateur 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
Afroamateur with respect thereto, and agree to indemnify and hold Afroamateur,
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 Afroamateur 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 Afroamateur network or services at any time, for any
reason, or for no reason at all, with or without notice.
Afroamateur provides its website as a service to its users. However,
Afroamateur assumes no responsibility whatsoever for monitoring the
Afroamateur Services for inappropriate content or conduct. If at any time
Afroamateur chooses, in its sole discretion, to monitor the Afroamateur
Services, however, Afroamateur 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. Afroamateur 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
Afroamateur 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 Afroamateur.
Afroamateur shall not condone child pornography and will cooperate with all
governmental agencies that seek those who produce child pornography.
8. FEES
You acknowledge that Afroamateur reserves the right to charge for Afroamateur
services and to change its fees from time to time in its discretion. Further
more, in the event Afroamateur 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
Afroamateur to participate in the Afroamateur 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 Afroamateur, you must agree to the terms of
Afroamateur'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 Afroamateur with regard to its users may be disclosed in
accordance with the Afroamateur Privacy Policy.
10. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE Afroamateur WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, Afroamateur, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. Afroamateur 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
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE,
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4. 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
5. ANY 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 Afroamateur WEBSITE. Afroamateur DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Afroamateur WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
Afroamateur 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 Afroamateur 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 Afroamateur, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE,
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
6. 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 Afroamateur WEBSITE, 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. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Afroamateur 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 Afroamateur, 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:
1. your use of and access to the Afroamateur Website;
2. your violation of any term of these Terms of Service;
3. your violation of any third party right, including without limitation any
copyright, property, or privacy right; or
4. 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 Afroamateur 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
Afroamateur 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
the State of Maryland, U.S.A, 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 State of Maryland, U.S.A. You hereby submit to the
jurisdiction and venue of said Courts. You consent to service of process in any
legal proceeding.
