Terms of Service
Acceptance of Terms of Service
These Terms of Service ("TOS") constitute a binding agreement between you and
the owners and operators of Tagtube.net ("Tagtube"), regarding your use of the
Tagtube website (the "Site"). Please read this Agreement carefully. By using the
Site you agree to be bound by the TOS and by the Tagtube Privacy Policy. If you
do not agree to any provision of this Agreement, you should not use the Site or
the Service.
The TOS may be revised from time to time without notice to you other than
appearing on the Site. The TOS will indicate when they were last revised. It is
your responsibility to regularly check the Site and to review the TOS. Your
continued use of the Site constitutes your agreement to all revisions to the
TOS.
By accessing the Site you represent and warrant that you are at least 21 years
old, that you have reached the legal age determined by the governing law of your
country to view sexually explicit material, that you are accessing the Site from
an a location where the content of the Site is legal and permitted, and that you
will not permit any other person access to the Site who is not allowed to do so.
Access to materials appearing on this Site from jurisdictions where its contents
are illegal is prohibited.
Provision and Modification of the Site
You may, in accordance with this Agreement, view the content on the Site and, to
the extent permitted by Tagtube, download content or portions of content on the
Site, to a single personal computer or other storage device. You may not
otherwise copy, distribute, or perform the content of the Site, or create
derivative works using that content.
You understand and agree that the Site is provided to you on an AS IS and AS
AVAILABLE basis. Tagtube disclaims all responsibility and liability for the
availability, timeliness, security or reliability of the Site or any feature or
software included in the Site. Tagtube disclaims all responsibility or liability
for the acts or omissions of third parties whose services, software, content, or
advertising may be utilized in connection or appear on the Site, and you agree
that Tagtube will not be liable for any such services, software, content, or
advertising.
Tagtube reserves the right at any time to modify or discontinue, temporarily or
permanently, the Site (or any part thereof) with or without notice. The Site may
be subject to interruptions, caused by Tagtube or others. You agree that Tagtube
will not be liable for any modification, suspension, interruption or
discontinuance of the Site.
Conditions on Use of the Site
Tagtube grants you permission to access and use the Site as set forth in these
TOS, and in exchange you represent, warrant and agree as follows:
1. You will access and use the Site solely for your own personal use;
2. You will comply with all applicable laws and regulations in using the Site
and any content that appears on the Site;
3. You will not use the Site in any illegal manner or for any illegal purpose,
in any other manner that could damage, disable, overburden or impair the Site,
or in any manner inconsistent with these TOS;
4. You will not employ any automated system or tool to use the Site or obtain
content or information from the Site;
5. You will not defeat or interfere with any security feature of the Site, or
attempt to do so;
6. You will not alter or modify any content or component of the Site; and
7. You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for
any commercial purpose, any content or component of the Site, or any use of or
any access to the Site, without the prior written permission of Tagtube.
Your Conduct and Use of the Site
You are responsible for your own use of this Site. You acknowledge that you are
solely responsible for any audio, video, music, text advertising, links, or
other content that you watch, click or display on the Site.
You agree that you will not use the Site to post, transmit, or share child
pornography. The use of the Site to publish or transmit child pornography will
not be tolerated. If identified, it will be reported to law enforcement
authorities, and will result in termination of your account. All persons
depicted in any sexually explicit material are at least 21 years of age, and
have reached the legal age determined by the governing law of your country to
participate in the recording and publication of sexually explicit material.
By accessing or using the Site, you acknowledge and agree that Tagtube is
engaged in the transmission, storage, retrieval, hosting, formatting or
translation (or any combination thereof) of adult videos on the Site, without
selection or alteration of the visitor Content, and that all User Content on the
Site is governed by section 230(c) of Title 47 of the United States Code (47
U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United
States Code (18 U.S.C. § 2257(h)(2)(B)(v).)
Rights to the Content on the Site
All content and components of the Site other than visitor Content ("Tagtube
Content"), including without limitation, the software, text, photos, video and
audio content, graphics, interactive features and advertisements, and all
trademarks, service marks and logos contained on the Site, are owned by Tagtube,
or are licensed to Tagtube subject to copyrights or other intellectual property
rights held by others. Tagtube reserves all rights to the Tagtube Content,
visitor Content, and any other component or content of the Site not expressly
granted to you by these TOS.
Tagtube provides the materials on the Site for the personal, non-commercial use
of viewers, visitors. You are granted a personal, non-exclusive, nontransferable
license to view, on a single computer only, the content of the Site. Tagtube
reserves the right to limit the amount of materials viewed. Commercial use of
any content located on the Site is strictly prohibited. In addition, you may
not:
(1) modify any of the materials found on the Site;
(2) copy, reproduce, publically display or perform, distribute, or prepare
derivative works from any of the content made available on this Site;
(3) remove, modify or alter any copyright, trademark, or other attribution or
proprietary notice from any of the materials found on the Site; or
(4) otherwise transfer any material located in any area of this site to any
other person or entity. Tagtube reserves the right to terminate this license at
any time if you breach or violate any provision of these TOS, in which case you
will be obligated to immediately destroy any materials you have obtained from
this Site.
Objectionable or Inappropriate Content
By its very nature, the Site may include offensive, harmful, inaccurate or
otherwise offensive or objectionable material. In some cases, the Site may
include content that has been mislabeled or is otherwise deceptive. Please use
caution and common sense and exercise proper judgment when using the Site.
Tagtube does not endorse, support, represent or guarantee the truthfulness,
accuracy, or reliability of any content appearing on the Site. You acknowledge
that any reliance on material appearing on the Site will be at your own risk.
Tagtube may review any content appearing on the Site, and reserves the right to
refuse to distribute any such content, to remove any content from the Site, or
to edit such content, in it sole discretion. However, you acknowledge and agree
that Tagtube is not obligated to remove any content from the Site, unless and
until it is established pursuant to the requirements of the law that the content
is illegal.
If you find content appearing on the Site that you believe is illegal or
violates these TOS, you may inform Tagtube by using our contact form. Tagtube
will review your message and the content to which you object (assuming it is
still on the Site). Tagtube may remove the content if, in Tagtube's judgment, it
is illegal or otherwise inappropriate. However, please understand that deciding
whether content is inappropriate is a judgment call, and that Tagtube is not
legally responsible for content that it does not originate.
Neither is Tagtube legally responsible for keeping content that it deems
inappropriate off of the Site.
Tagtube reserves the right to access, read, preserve, and disclose any
information as it reasonably believes is necessary to do any of the following:
(1) satisfy any applicable law, regulation, legal process or legitimate
governmental request; (2) enforce these TOS, including investigation of
potential violations hereof; (3) detect, prevent, or otherwise address fraud,
security or technical issues; (4) respond to user support requests; or (5)
protect the rights, property or safety of Tagtube, its users and the public. You
agree that Tagtube will not be liable for exercising or failing to exercise any
of these rights.
Copyright
Tagtube respects the intellectual property rights of others. We prohibit users
from uploading, posting or otherwise transmitting materials that violate the
intellectual property rights of others. When we receive notification of alleged
copyright infringement that complies with the Digital Millenium Copyright Act
(17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the
allegedly infringing material. We also terminate the accounts of repeat
infringers.
If you are a copyright owner or an agent thereof and you believe that any
content on the Site infringes your copyrights, you may submit a notice by
following the directions on our DMCA Page.
Names and Trademarks
Tagtube, Tagtube.net, and other Tagtube logos and product or service names are
trademarks of Tagtube. All other trademarks appearing on the Site are trademarks
of their respective owners and our reference to them does not imply or indicate
any approval or endorsement by their owners unless such approval or endorsement
is expressly made.
Sponsors, Advertisers and Third Parties
The Site may contain links to sponsor, advertiser, or other third party websites
that are not owned or controlled by Tagtube. Inclusion of, linking to, or
permitting the use or installation of any third party site, applications,
software, content or advertising does not imply approval or endorsement thereof
by Tagtube. Tagtube has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third parties. By access or using
the Site, you agree to release Tagtube from any and all liability arising from
your use of any third-party website, content, service, or software accessed on
or through the Site.
Your correspondence or dealings with, or participation in promotions of,
sponsors, advertisers, or other third parties found on or through the Site, are
solely between you and such third parties. You agree that Tagtube shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any dealings with such sponsors, third parties or advertisers, or as the
result of their presence on the Site.
Privacy
As a condition of using the Site, you agree to the terms of the most recent
version Tagtube Privacy Policy that exists at the time of your use. The Privacy
Policy may be revised from time to time without notice to you other than
appearing on the Site. The Privacy Policy will indicate when it was last
revised. It is your responsibility to regularly check the Site and to review the
Privacy Policy. Your continued use of the Site constitutes your agreement to all
revisions to the Privacy Policy.
Termination
Tagtube may, in its sole discretion, terminate your access to the Site, delete
any content or information that you have posted on the Site, and/or prohibit you
from using the Site, at any time, with or without notice, and for any reason,
including but not limited to violation of these TOS.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Tagtube
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITATION, Tagtube MAKES NO WARRANTY THAT: (1) THE
SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE
SITE WILL BE CORRECTED; OR (6) OR THAT THE SITE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
No advice or information, oral or written, obtained by you from Tagtube, shall
create any warranty not expressly stated in these TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Tagtube SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF Tagtube HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE.
IN PARTICULAR, AND WITHOUT LIMITATION, Tagtube WILL HAVE NO LIABILITY FOR
DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY
CONTENT OR COMPONENT OF THE SITE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER
OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED
ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA;
(3) CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (4) AS OTHERWISE
PROVIDED IN THESE TOS.
UNDER NO CIRCUMSTANCES WILL RETUBE'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY
YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SITE EXCEED
THE GREATER OF THE AMOUNT PAID BY YOU TO Tagtube OR $100.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT
APPLY TO YOU.
THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY,
DISCLAIMERS OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU
AND Tagtube. THAT ALLOCATION IS REFLECTED IN THE DELIVERY OF FREE CONTENT TO YOU
BY Tagtube, AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH
OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS
AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
Indemnification
You agree to hold harmless and indemnify Tagtube, and its subsidiaries,
affiliates, officers, agents, and employees from and against any third-party
claim arising from or in any way related to your use of the Site, including any
liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees, of every
kind and nature. Tagtube will make reasonable efforts to provide you with
written notice of any such claim, suit or action, but the failure of Tagtube to
provide such notice will not relieve you of these obligations.
Severability
If any provision of these TOS is found invalid or unenforceable, that provision
will be enforced to the maximum extent permissible and the other provisions of
the TOS will remain in force.
Non-Waiver
The failure of Tagtube to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
Choice of Law
The agreement created by these TOS, and any dispute arising from or relating to
these TOS or the provision or use of the Service or the Site, will be governed
by the laws of the United States and the State of California, without giving
effect to conflict of laws provisions.
Choice of Venue
Any claim, counterclaim, cause of action, lawsuit, or proceeding brought by
either of the parties against the other arising out of or related to these TOS
or the provision or use of the Site will be submitted to the state or federal
courts sitting in San Francisco, California, and the parties agree that they are
and will be subject to the personal jurisdiction of those courts.
Limitation of Legal Actions
You agree that regardless of any law or regulation to the contrary, any claim,
counterclaim, cause of action, lawsuit, or proceeding arising out of or related
to these TOS or the provision or use of the Site must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
Entire Agreement
These TOS, together with the Tagtube Privacy Policy and the Tagtube DMCA Page,
constitute the entire agreement between you and Tagtube and governs your use of
the Site. You may be subject to additional terms and conditions that may apply
when you use or purchase certain other services, such as affiliate services,
third-party content or third-party software. In order to determine what those
obligations may be, you understand and agree that it is your responsibility to
review any and all terms and conditions of usage and privacy policies with
respect to such service, content, or software.
Contacting Tagtube
If you have any questions or concerns about the TOS or the Site, please contact
us using our contact form.
These TOS were last revised on the 3rd of March 2010.
I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY
THEM.