UncutDicks.com Terms of Service and User
Agreement
Introduction.
Welcome to the terms of service and user agreement (the "Agreement"
or "User Agreement") for UncutDicks.com, (the "Site" or the
"Website") which is a Website owned by Davie Street
Holdings ("Company").
If you do not agree to be bound by the terms and conditions of this
Agreement, you may not use or access the Company's services or WebSite.
Definitions.
As used herein, "Member" shall mean a person whose registration of
an account with the Sites has been accepted by the Company.
As used herein, "Website Material" shall mean contents available for
viewing and contents available for download on the WebSite,
including but not limited to text, graphics, images, logos, button
icons, and software.
1. Binding Nature.
You must read, agree with and accept all of the terms and conditions
contained in this User Agreement and the Company's Privacy Policy,
which include those terms and conditions expressly set out below and
those incorporated by reference, before you use the Company's
Website or become a member of UncutDicks.com. Davie Street Holdings
strongly recommends that, as you read this User Agreement, you also
access and read the information referred to in this document, as it
may contain further terms and conditions that apply to you as an
UncutDicks.com user.
2. Change Control.
Davie Street Holdings reserves the right to change any of the terms and
conditions contained in this Agreement or any policies or guidelines
governing the Sites or services, at any time and in its sole and
independent discretion. Any changes will be effective upon the
posting of the revisions on the Sites. You are responsible for
reviewing the Agreement, policies and guidelines, and any applicable
changes. Changes to referenced policies and guidelines may be posted
without notice to you. Your continued use of this Site and the
services offered on this Site following the posting of any changes
on UncutDicks.com will constitute your acceptance of such changes or
modifications. If you do not agree to any changes to this Agreement,
do not continue to use this Site or the services offered on this
Site.
3. Eligibility.
The Company's Site and its services are available only to, and may
only be used by, individuals who can form legally binding contracts
under applicable law. Without limiting the foregoing, the Company's
Sites and its services are not available to minors (persons under
the age of 18 or in some countries/states under the age of 21) or to
temporarily or indefinitely suspended UncutDicks.com Members. If you
do not qualify, you may not use the Company's Site.
Use of the Site or its Services is strictly prohibited for any use
other than for personal, non-commercial use. This prohibition
includes, but is not limited to, the following terms:
a. Competitors are not authorized to access or use the Company's
WebSite without express, written permission from the Company in
advance of such access.
b. Members of the law enforcement community, their agents and
employees are not authorized to access or use the Company's WebSite.
c. Employees of the United States government, their agents, and
their contractors are not authorized to access or use the Company's
WebSite.
Further, your UncutDicks.com account User ID, password and PIN may
not be transferred, loaned, given, or sold to another party. If you
are registering as a business entity, you represent that you have
the authority to bind the entity to this Agreement. You agree that
if Davie Street Holdings determines that your User ID, password, or PIN
are being used in multiple computers simultaneously, or if Davie
Street Holdings detects that your account activity includes repeated licensing
of the same content from different IP locations, your account will
be immediately terminated WITHOUT notice.
4. Minimum System Requirements You must have Windows Media Version
10 or higher, and a Javascript-enabled browser to view all the
WebSite Materials. You understand that this Site may not be
compatible with the Mac platform. You agree that it is your sole
responsibility to ensure that your computer meets the minimum system
requirements, and you understand and agree that Davie Street
Holdings will
not be held liable for any damages based on or arising from your
failure to meet these requirements.
5. Services - General.
The Company's Site is a venue for providing a means for the viewing
and downloading of adult-oriented images, including, but not limited
to, adult-oriented photographs and adult-oriented videos.
6. Services - Fees.
Upon registration with the Site, you will be charged pursuant to the
membership rates posted at the time of registration. The posted
membership rates are incorporated into this Agreement by reference.
7. Services - Membership.
Members will receive benefits and services as described on the
"Join" page at the time of registration. The terms and conditions of
"Join" are incorporated by reference into this Agreement.
All memberships renew at their posted rates until cancelled. You can
cancel at any time and prevent future billing by going to the Site's
"members' help" page.
8. Restricted Activities.
Your activities on the Site shall not: (a) be false, inaccurate, or
misleading; (b) be fraudulent or involve the sale of counterfeit or
stolen items; (c) infringe any third party's copyright, patent,
trademark, trade secret, or other proprietary rights or rights of
publicity or privacy; (d) violate any law, statute, ordinance, or
regulation (including, but not limited to, those governing export
control, consumer protection, unfair competition,
antidiscrimination, or false advertising); (e) be defamatory, trade
libellous, unlawfully threatening, or unlawfully harassing; (f) be
obscene or contain child pornography; (g) include the use of
derogatory statements or offensive language; (h) be abusive or
hateful; (i) contain any viruses, Trojan horses, or the like, or
other computer programming routines that may damage or interfere
with the Company's Sites; or (j) create liability for the Company or
cause it to lose (in whole or in part) the services of its ISPs or
other suppliers.
9. Access and Interference.
You agree that you will not use any robot, spider, scraper, or other
automated means to access the Site for any purpose without the
Company's express written permission. Additionally, you agree that
you will not: (i) take any action that Davie Street Holdings, in its sole
discretion, believes imposes an unreasonably large load on its
servers; (ii) copy, reproduce, modify, create derivative works from,
distribute, or publicly display any WebSite Material without the
prior expressed written permission of Davie Street Holdings and the
appropriate third party, as applicable; (iii) attempt to interfere
with the proper working of the Site or any activities conducted on
the Site; or (iv) bypass any measures Davie Street Holdings may use to
prevent or restrict access to the Site.
10. Links to Third Party Sites.
There may be links established between the Site and other Sites on
the World Wide Web or Internet which are not under the control of or
maintained by Davie Street Holdings. Such links do not necessarily
constitute an endorsement by Davie Street Holdings of those Sites.
Davie Street Holdings undertakes no obligation to monitor such Sites, and
you agree that Davie Street Holdings is not responsible for the content of
such Sites or any technical or other problems associated with any
such third-party Sites, links or usage.
11. Breach.
Without limiting other remedies, Davie Street Holdings may limit your
activity for activities or actions for which Davie Street Holdings
believes, in the Company's sole discretion, you are responsible,
issue a warning, temporarily suspend, indefinitely suspend, place
restrictions and limitations on, or terminate your membership and
refuse to provide the Company's services to you if, within the
Company's sole and independent judgment: (a) you breach, or
Davie Street Holdings anticipates that you are about to breach, this
Agreement or the documents it incorporates by reference; (b)
Davie Street Holdings is unable to verify or authenticate any information
you provide to the Company; or (c) Davie Street Holdings believes that
your actions may cause financial loss or legal liability for you,
the Company's users or the Company. Davie Street Holdings can also
terminate this Agreement at any time, with or without cause.
12. Copyright and Intellectual Property.
All WebSite Material is protected under United States and foreign
copyright, trademark, and other laws. All WebSite Material is the
property of the Company or its content suppliers, vendors, and
clients. The compilation (meaning the collection, arrangement, and
assembly) of all content on these WebSite is the exclusive property
of the Company and protected by United States and international
copyright laws. Unauthorized use of the WebSite Material may violate
copyright, trademark, and other laws. You must retain all copyright,
trademarks, service mark, and other proprietary notices contained in
the original WebSite Material on any copy you make of the WebSite
Material pursuant to use of the material. You may not sell or modify
the WebSite Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any public,
commercial, or any other purpose. The use of the WebSite Material on
any other webSite or in a networked computer environment for any
purpose is prohibited. Further, the HTML code that is created by the
Company while generating its pages is also protected by the
Company's copyright.
Without limiting, modifying, or abrogating the preceding, you may
not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary
rights. Without limiting the preceding, if you believe that your
work has been copied and posted on the Site in a way that
constitutes copyright infringement, please provide UncutDicks with
the following information: an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim
is infringing is located on the WebSite; your address, telephone
number, and email address; a written statement by you that you have
a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made
under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
13. Privacy.
Davie Street Holdings only uses your information as described in the
Company's Privacy Policy. The Company may change the Privacy Policy
in the future. You should check the Privacy Policy frequently for
changes. You agree not to use any information which is accessible on
the Site or disclosed to you by UncutDicks except to enter into and
complete UncutDicks transactions. You agree not to use any such
information for purposes of solicitation, advertisement, initiation
of unsolicited e-mail or spam, harassment, invasion of privacy, or
otherwise objectionable conduct.
14. No Warranty.
THE COMPANY'S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS,
AND SUPPLIERS PROVIDE THE COMPANY'S WebSite AND SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY.
THE COMPANY'S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS,
AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other
legal rights that vary from state to state.
IN ADDITION, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES THAT
THE SITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS
BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE
WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THE SITES WILL BE AS REPRESENTED BY SELLERS, AVAILABLE
FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT SELLERS WILL
PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OR
DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT,
CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE
OF Davie Street Holdings. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, Davie Street Holdings DISCLAIMS ANY AND ALL SUCH WARRANTIES.
15. General Release.
YOU RELEASE Davie Street Holdings, ITS OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM CLAIMS, DEMANDS, AND
DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE.
YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE SS 1542,
WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE
THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS
AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT
HAVE BEEN ENTERED INTO BY Davie Street Holdings.
16. Limitation of Liability.
IN NO EVENT SHALL Davie Street Holdings, ITS OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, CONTRACTORS, AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT.
17. Indemnity.
You agree to indemnify and hold the Company and the Company's
officers, directors, agents, employees, contractors, and suppliers,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your breach
of this Agreement or the documents it incorporates by reference,
your violation of any law or the rights of a third party, or any
claim or demand alleging such breach or violation.
18. Dispute Resolution.
You agree that any controversy or claim arising out of or relating
to this Agreement and/or your use of the WebSite shall be settled by
a court of competent jurisdiction of the Company's choosing. Any
such controversy or claim shall be filed on an individual basis, and
shall not be consolidated in any court proceeding with any claim or
controversy of any other party. You agree that the court of the
Company's choosing shall have exclusive jurisdiction and venue over
any action brought to enforce the rights and obligations in or
arising from this Agreement and that each of the parties irrevocably
submits to the jurisdiction of such courts.
19. Licenses.
Davie Street Holdings grants a limited license to each Member to make
personal use only of the Site and the Services in accordance with
this Agreement. This license provides for unlimited viewing of the
licensed material on the computer on which the license was issued.
This license expressly excludes, without limitation, any
reproduction, duplication, sale, resale, or other commercial use of
the Site and the Services (other than the buying and selling of
items in accordance with this Agreement), making any derivative of
the Sites or the Services, the collection and use of participant
e-mail addresses or other participant information, ratings or
listings, or any data extraction, or data mining whatsoever. You
agree that you will not compile, reproduce, republish, or resell for
any commercial purpose any information on the Company's Site and any WebSite Materials, and not use any device, software, or routine that
may interfere with the operation of the Site.
Davie Street Holdings IS NOT RESPONSIBLE FOR THE LOSS OF A LICENSE OR
WEBSITE MATERIAL UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, LOSS DUE TO HARDWARE FAILURE, SOFTWARE FAILURE, HARDWARE
MALFUNCTION, SOFTWARE MALFUNCTION, AND OPERATING SYSTEM FAILURES.
20. General Provisions.
This is the entire Agreement. No delay by either party shall waive
rights under this Agreement. This Agreement is governed by, and to
be construed in accordance with, the laws of Canada. No waiver of
any breach of this Agreement shall be a waiver of any other
provision of this Agreement, and no waiver shall be valid unless in
writing signed by the parties. If any provision of this Agreement is
held invalid, such provision shall be restated to reflect, as nearly
as possible, the original intention of Davie Street Holdings and the User
in accordance with applicable law and the remainder of the Agreement
shall remain in force. All notices and other communications provided
for herein shall be in writing and delivered to each party at the
address set forth in this document, or as updated from time to time
by the parties in writing. The parties to this Agreement are
independent contractors and an agency, joint venture, partnership,
fiduciary relationship, or any other relationship other than in the
nature of independent contractor, shall not arise from this
Agreement, and neither party has the right or authority to act for,
or on behalf of, the other party. Headings are for the convenience
of reference only and do not alter the rights and obligations of the
parties. Neither party shall be liable to the other for any delay or
failure due to acts of God, war, transportation difficulties, labour
strikes, natural disasters, riots, acts, or omissions of vendors or
suppliers beyond the control of the parties. The provisions of this
Agreement are not for the benefit of any third party. Provisions of
this Agreement that are intended to survive this Agreement shall
survive. This Agreement has been mutually drafted and no presumption
relating to ambiguities in favour of one interpretation over another
due to the identity of the drafting party shall arise.
21. Notices.
Except as explicitly stated otherwise, any notices shall be given by
email to: webmaster|at|uncutdicks|dot|com (in the case of
UncutDicks) or to the email address you provide to UncutDicks during
the registration process (in your case). Notice shall be deemed
given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid.
|
|
|