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terms of use

DAMSELTUBE.COM TERMS OF USE


Last Updated on September 17, 2015


Damseltube.com (“Damseltube”) welcomes you and presents for your use and enjoyment the damseltube.com website (the 'Website') and the services provided to users of the Website (the “Service”). Damseltube.com is first and foremost an online community of consenting adults who enjoy viewing, sharing, and commenting upon videos with adult themes and wish to interact with other consenting adults with similar interests. All of the features of the Damseltube website currently available and those which may become available in the future together constitute the Damseltube Service.


Use of the Damseltube Website and Damseltube Service is governed by these terms of use (together with Damseltube’s Privacy Policy and such other policies governing use of this Website as may be published by Damseltube from time to time, the “Terms of Use” or 'Agreement'). Read this document carefully: these Terms of Use include Damseltube’s Online Conduct Policy for Content Posted on the Website, Damseltube’s Privacy Policy, and any notices regarding the Website. By using the Website you agree to be bound by this Agreement, whether or not you register as a member of the Website (a 'Member') and agree to the terms, conditions and notices contained or referenced herein. IF YOU DO NOT AGREE TO THE TERMS OF USE OR THE DAMSELTUBE PRIVACY POLICY OR ANY OTHER COMPONENT OF THE DAMSELTUBE WEBSITE AGREEMENT, DO NOT USE THE DAMSELTUBE SERVICE.


Acceptance of Terms of Use Agreement.


Electronic Agreement. The Damseltube Terms of Use is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service.


Electronic Form. By using the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.


Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

Changes to the Terms of Use. We may modify the Terms of Use from time to time. Any such modification will be effective upon our posting of new Terms of Use. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. We will indicate at the top of this page the date that revisions were last made. You understand and agree that your continued use of the Website after any posted modification to the Terms of Use indicates your acceptance of the modification.


Eligibility. The Damseltube Service is intended for adults only. You must be at least eighteen (18) years of age to register as a member of the Damseltube Service or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.


Membership. You may become a Member of the Service for a fee of $00.00 payable monthly. Damseltube reserves the right to change subscription fees at the times it may deem appropriate.


Term. This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership at any time by sending Damseltube email notice of termination to webmaster@damseltube.com. Damseltube may terminate your membership at any time and for any reason. All decisions regarding the termination of accounts shall be made in the sole discretion of Damseltube. If Damseltube terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees, if any. Damseltube is not required to provide you notice prior to terminating your membership. Damseltube is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.


Online Conduct Policy.
To use this Website, you must agree to abide by the guidelines below. Damseltube may review and delete any content, messages, forum postings, photos or profiles (collectively, 'Content') that in the sole judgment of Damseltube violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of any persons.


You acknowledge and agree that:


You are solely responsible for the Content that you publish or display ('Post') on the Service, or transmit to other users.


By Posting Content to the Website, you represent and warrant that public posting and use of your content by Damseltube will not infringe on or violate the intellectual property or other rights of any third party.


Damseltube does not pre-screen or edit user-Posted Content
. Damseltube and its designees shall have the right, (but not the obligation) in their sole discretion, to edit or remove any Content that is available via the Website. Without limiting the foregoing, Damseltube and its designees shall have the right in their sole discretion to remove any user-Posted Content that violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members, or that is otherwise objectionable. Damseltube may preserve your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with a legal process, (b) enforce the Terms of Use, or (c) respond to any claims that the Content violates the rights of third parties.


Damseltube reserves the right to terminate your account for repeat violations of any of the Terms of Use.


The Website is to be used by you for your personal, non-commercial use only
. Any use by you of the Website or any other user's information, personal or otherwise, for any commercial purpose or to obtain financial gain (e.g. mass marketing) is prohibited and is a violation of these Terms of Use. Commercial uses of Website are strictly prohibited unless prior written consent from Damseltube has been granted. You agree that you will not use Website for chain letters, junk mail, 'spamming', solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.


You will not to Post, or use the Website and Service to publish or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, inaccurate, obscene, profane, offensive, or racially or ethnically derogatory Content, or any Content expressing hate towards any person or groups of persons due to race, religion, color, creed, national origin or sexual orientation or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).


You agree not to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of illegal solicitation. You agree not to upload, post, email, transmit or otherwise make available any material that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.


You will not post or use the Website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.


You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, You represent and warrant that you are not located in, under the control of, or 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.


Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Membership in, and use of, the Service is void where prohibited.


You will not provide inaccurate, misleading or false information to Damseltube or to any other Member. If information provided to Damseltube or another member, subsequently becomes inaccurate, misleading or false, you will promptly notify the Damseltube of such information.


You will not impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of Damseltube.


Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose.


Use of the Website is with the permission of Damseltube, which may be revoked at any time, for any reason, in Damseltube’s sole discretion.


Prohibited Content. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Damseltube reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators and banning them from the Website. It includes, but is not limited to, Content that:


is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;


harasses or advocates harassment of another person;


promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;


promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;


contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);


provides material that exploits persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;


provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;


solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and


engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.


Prohibited Activities. In addition to and not limitation of the prohibitions listed above, Damseltube reserves the right to investigate and terminate your Membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:


Impersonate any person or entity;


'Stalk' or otherwise harass any person;


Use the Website for the purposes of soliciting sexual encounters with any person;


Represent or imply that any statements you make are endorsed by Damseltube without our specific prior written consent.


Use use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, 'data mine', or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;


Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;


Remove any copyright, trademark or other proprietary rights notices contained in the Service;


Interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the site;


Not post, email or otherwise transmit 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 or hardware or telecommunications equipment;


Not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;


Not 'frame' or 'mirror' any part of the Service or the Website, without Damseltube's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Damseltube or the Service or the site in order to direct any person to any other web site for any purpose; and


Not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.


Reporting of Prohibited Content and Activities. If you see or are otherwise made aware of any of the above Prohibited Content or Prohibited Activities on the Website, please immediately contact webmaster@damseltube.com so that we may investigate this matter and take appropriate action.


Ownership of Content. Exclusive of user or member Posted Content, Damseltube owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Damseltube, and its licensors. The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. for Copying or storing of any Content for other than for personal, noncommercial use is expressly prohibited without prior written permission from Damseltube. By Posting Content to the Website, you grant Damseltube, its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use the Content on the Website and Service for any business purpose. By such Posting of Content you also waive any legal or equitable rights you may have against Damseltube for vicarious, contributory or direct infringement of your intellectual property rights in the Content.


No Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Damseltube, are those of their respective authors, and should not necessarily be relied upon. You acknowledge that Damseltube simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by other users in response to user Posted Content. Such authors are solely responsible for such content. Damseltube does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. You understand that Damseltube does not control, and is not responsible for Content made available by users and members through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content. Under no circumstances will Damseltube or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any users or Members.


Account, Password, and Security
. When you register with Damseltube, you will select a login ID and password. We at Damseltube are concerned with maintaining our Members’ privacy. Therefore we strongly recommend that you choose a user name that is unique to the Website. Please note that You are responsible for maintaining the confidentiality of your login ID and password. You are also responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree not to use Damseltube in any manner that could damage, disable or impair any of Damseltube’s servers, computer systems or network, or interfere with any other party's use and enjoyment of Damseltube software applications or services. You agree not to attempt to gain unauthorized access to any of software applications or services, other accounts, servers, computer systems or networks. You agree not attempt to obtain any materials or information not intentionally made available through Damseltube, or to reverse engineer, decompile, or disassemble the software code. You may not use anyone else's account at any time, without the permission of the account holder. You agree to immediately notify Damseltube of any unauthorized use of your registration or password.


Warranties, Disclaimers, and Limitations of Liability.
THE WEBSITE AND ALL WEBSITE CONTENT IS MADE AVAILABLE TO YOU ON AN 'AS IS' BASIS. DAMSELTUBE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE WEBSITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY FEEDBACK, OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE, (3) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE AND (4) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WEBSITE OR WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES THAT ADVERTISE ON. DAMSELTUBE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM DAMSELTUBE OR THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN


DAMSELTUBE ASSUMES NO RESPONSIBILITY AND DISCLAIMS ALL LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. DAMSELTUBE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM POSTING CONTENT ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL DAMSELTUBE OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.


DAMSELTUBE DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF DAMSELTUBE OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA. DAMSELTUBE ASSUMES NO RESPONSIBILITY AND RISK FOR USE OF OUR WEBSITE AND USE OF ALL INFORMATION CONTAINED WITHIN IT. DAMSELTUBE ACCEPTS NO LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR FOR ANY LOSS OF DATA, PROFIT, REVENUE OR BUSINESS (WHETHER DIRECT OR INDIRECT) IN EACH CASE, HOWEVER CAUSED, EVEN IF FORESEEABLE. IN NO EVENT SHALL DAMSELTUBE BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THIS SERVICE.


DAMSELTUBE FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OR POSTING OF WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL DAMSELTUBE OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USERS' RELIANCE ON ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY MEMBERS. YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE WEBSITE.


DAMSELTUBE ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE MEMBERS, USERS OR ADVERTISERS ON THE WEBSITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH MEMBERS, USERS OR ADVERTISERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH DAMSELTUBE RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.


YOU RELEASE DAMSELTUBE FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE WEBSITE. THE WEBSITE MAY CONTAIN, OR DIRECT YOU TO SITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OBJECTIONABLE OR INAPPROPRIATE. DAMSELTUBE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, AND DAMSELTUBE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE WEBSITE. DAMSELTUBE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE. DAMSELTUBE WILL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THE WEBSITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICES. DAMSELTUBE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE OF THIS WEBSITE.


YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE.


DAMSELTUBE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO DAMSELTUBE IN CONNECTION WITH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.


Indemnification. You agree to indemnify and hold Damseltube, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, advertisors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Website, (ii) your violation of the Terms of Use, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Damseltube reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Damseltube. Damseltube will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


Breach of Agreement and Liquidated Damages.


Remedies. Damseltube may suspend, restrict or terminate your use of the Website and Service and refuse any future use of all or portions of the Website and Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Damseltube may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.


Liquidated Damages. You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Damseltube to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages and not a penalty, which you accept as reasonable estimates of Damseltube's damages for the specified breaches of this Agreement:


If you post Content in violation of this Agreement, you agree to promptly pay Damseltube One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) issue you a warning before assessing damages.


If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay Ten Thousand Dollars ($10,000).


If you use computer programming routines that are intended to aggregate records or reports from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.


Except as set forth in clauses i-iii above, you agree to pay the actual damages suffered by Damseltube, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.


Blocking of IP Addresses. In order to protect the integrity of the Service, Damseltube reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.


Links; Third Parties. The Website may include links to other websites (each, a 'Third Party Website'). We do not control or endorse any Third Party Website, and you agree that Damseltube is not responsible for the availability or contents of such Third Party Websites. You further acknowledge and agree that Damseltube shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.


Member Disputes. You are solely responsible for your interactions with other Damseltube Users. Damseltube reserves the right, but has no obligation, to monitor disputes between you and other users.


Content Storage. Damseltube assumes no responsibility for the deletion of or failure to store your Content.


Legal Jurisdiction and Venue. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. Jurisdiction and venue shall be in and with any state or federal court of competent jurisdiction sitting in Los Angeles County, California.


Termination. In the event that Damseltube determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of the Website, Damseltube reserves the right to (i) warn you via e-mail that you have violated these Terms of Use, (ii) delete any Content provided by you or your agent(s) to Website, (iii) delete all Content provided by you to Website, (iv) discontinue your registration with Website and/or any other Damseltube community, (v) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action, and/or (vi) take any other action which Damseltube deems to be appropriate.


Assignment. This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. Damseltube may assign its rights and obligations under these Terms of Use and upon such assignment Damseltube may be relieved of any further obligation hereunder.


No Waiver; Provisions Separable. It will not be considered a waiver of Damseltube's rights if Damseltube fails or opts not to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Damseltube agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Damseltube as a result of this Agreement or use of the Service.


Entire Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral Agreements previously existing between the parties with respect to such subject matter.


ACKNOWLEDGEMENT
: BY CLICKING ON THE “REGISTER” BUTTON ON OUR MEMBERSHIP SIGNUP PAGE, YOU ARE INDICATING THAT YOU HAVE READ, AND AGREE WITH, THE TERMS AND CONDITIONS SET FORTH ABOVE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.


PRIVACY POLICY


The following is the official privacy policy of Damseltube, which we have written so that our users might better understand how we will use their personal information. The Terms of Use is the actual contract between Damseltube and its users, and refers to this policy as Damseltube's Agreement concerning its Members' privacy.


Your right to privacy is important to us. Our aim is to strike a fair balance between your personal privacy and ensuring you obtain full value from the internet and other products and services we may be able to offer to you. This privacy policy applies to use of this Website only. Each time you visit this Website you provide us with information. This information is used to provide the best possible service to you. Please note that by using the Service you accept the privacy policy.


Cookies:


Damseltube uses 'cookies' to store users' preferences. Email addresses, names, and other data collected by the Website are not stored in these cookies.


Personal Information:


When you visit the Website you may provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Website use information collected by us as you browse our Website.


Damseltube will never intentionally display personally identifiable information (e.g., real names, addresses, telephone numbers or email addresses) relating to the users of the Website, and will remove such content when brought to our attention. If, when using the Website, you see what appears to be personally identifiable information relating to another user please notify Damseltube immediately either via the “contact us” link or via email at webmaster@damseltube.com


Occasionally, Damseltube, or a partner, may sponsor a promotion on the Website. Users may be asked to provide personal information including name, email address, or other information or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. We may also use personal information for research, analysis, and ultimately to operate and improve the services we offer.


Damseltube may archive information, including personal information, you provide in the course of using the Website. We store that information on servers that are controlled by us or by third parties who have agreed to comply with our commitments made under this Privacy Policy and with whom we have a contractual relationship.


Damseltube may share demographic information with third parties, including companies with which we have a relationship. For example and without limitation:


We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as directing and displaying specific advertisements on the Website. In connection with these offerings and business operations, our service providers may have access to your personal information for use in connection with these business activities.


We may be required to disclose user or Member information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, we may share account or other information when we believe it is necessary to comply with law or to protect our interests or property. This may include sharing information with other companies, lawyers, agents or government agencies.


We may share with, or disclose or sell to, third parties aggregated information which does not reference individually identifiable users. However, Damseltube will not sell contact information to third parties.


Advertising:


We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Our advertising partners may download cookies to your computer. Doing this allows the advertising network to recognize your computer each time they send you an advertisement. In this way, they may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked. This information allows an advertising network to deliver targeted advertisements that they believe will be of most interest to you.


Google, as a third party vendor, uses cookies to serve ads on our Website. Google's use of the DART cookie enables it to serve ads to our users based on their visit to our Website and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.


Damseltube does not have access to or control of the cookies that may be placed by the third party advertisers. This privacy statement covers the use of cookies by Damseltube and does not cover the use of cookies by any of its advertisers.


Exceptions:


In the case of law enforcement or legal investigation into any of our Members, we will make an exception to the above policy.


Future Changes:


Precise phrasing in this policy may need to change in the unforeseeable future. Before any changes are made, Members of Damseltube will be notified via their Damseltube email account, and ample time will be allowed for Members to cancel their membership and remove their personal information permanently from our database.




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