Terms and Conditions of Use
Effective Date: Since July 17, 2023
Last modified: July 17, 2023
Previous version: May 25, 2023
Please review these terms and conditions of use carefully before using Company’s Website(s), including, without limitation, the following Website(s): www.faphouse.com including its subdomains https://studio.faphouse.com/ and https://blog.faphouse.com/, https://fap.cash, https://joinmy.fans/.
This document states the terms and conditions (“Terms”, “Agreement”) upon which the Company, owner and/or operator of the Website(s) (“we”, “us”, or “Company” as defined herein) will provide service to you on its website(s), including, without limitation, the above listed website(s) (the “Website(s)”). The Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively “using” or “use”) the Website(s), you express your understanding and acceptance of the Terms. As used in this document, the terms “you”, “your” or “User” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by the Terms, navigate away from the Website(s) and cease using it.
Depending on the context and wording of these Terms, it regulates our legal relationships with different types of your participation on our Website(s):
- in case you use our Website(s) as a Browser or as a Member. It means that you can visit our Website and enjoy available content for entertainment and recreational purposes. Please be advised, that we may ask you to pay special fees and subscriptions as described herein in order to get full access to our Website(s).
- in case you use our Website(s) as a Registered Studio Operator. It means that you can upload your content and make it available on the Website(s) after you fulfill all obligations as described herein. Every Registered Studio Operator has a right to take part to our Referral Program as described herein or described in the special pages of our Website(s).
- in case you use our Website(s) as a Participant of Affiliate Program. It means that you can take part in our Affiliate Program on the terms and conditions described in an integral part of these Terms available at https://fap.cash/terms.
- in case you read our blog which is available at https://blog.faphouse.com/, where we can post from time-to-time useful tips and information about how our website works.
Electronic Signatures / Assent Required: Nobody is authorized to access the Website(s) or accepted as a User unless they have signed these Terms. Such signature does not need to be a physical signature, since electronic acceptance of these Terms is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act), Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC and other similar state, national and international laws. You manifest Your agreement to the Terms by taking any act demonstrating Your assent thereto. Most likely, You have clicked or will click a button containing the words “I agree”, “Join”, “Get Membership” or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You click any link, button, or other device provided to You in any part of Our Website(s)’s interface, then you have legally agreed to all of the terms and conditions of these Terms. Additionally, by using any of Our Website(s)’s features or Services in any manner, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all provision in the Terms.
1. Eligibility and Accounts
You must be at least eighteen (18) years of age to use the Website(s), unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of the Website(s) is not permitted where prohibited by law.
You must create an account with us (an “Account”) to use the Website(s) to its fullest extent. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request it.
You shall not use another person or entity’s Account without authorization. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account and, in addition to Sections 12 and 13 hereof, you hereby agree to indemnify us and hold us harmless for any such unauthorized use. You acknowledge and understand that anyone who gains access to your Account will gain access to all of your data on your Account, including any private content.
The consideration for your knowing acceptance of these Terms is that we are providing you the Grant of Use to use the Website(s), pursuant to Section 2 hereof. You acknowledge and agree that this consideration is adequate and that you have received the same upon use of the Website(s).
2. Grant of Use and Termination
We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website(s), including all content available therein (the “Content”) on your computer or mobile device for non-commercial purposes and otherwise consistent with the Terms.
This grant is terminable by us, at will, for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use the Website(s), and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Website(s) after said termination. Upon termination, the grant of your right to use the Website(s) shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
3. Intellectual Property
The Content on the Website(s), excluding User Submissions and Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
4. User Submissions
You are entirely responsible for any and all materials you upload, submit or otherwise make available via the Website(s), including videos or any other communications or profile information (collectively, “User Submissions”). You understand and agree that the possibility to upload User Submissions is available only for Registered Studio Operators who agree with and act in compliance with the additional terms and conditions to this Agreement (Business Supplement and Individual Supplement respectfully). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.
You shall be solely responsible for any and all of your own User Submissions and any and all consequences of positing, uploading, publishing or otherwise making them available. For any of your User Submissions, you affirm, represent and/or warrant that:
- You own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Website(s) and these Terms;
- You will not post, or allow anyone else to post, any material that depicts any individual under the age of eighteen (18) years;
- You have inspected and are maintaining written documentation, pursuant to United States law 18 U.S.C. § 2257, which we voluntarily comply with (and whether you are subject to United States law or not) and other analogous, relevant and/or applicable laws, to confirm that all individuals in your User Submission are, in fact, over the age of eighteen (18) years; and
- You have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the Website(s) and these Terms.
You further agree that you shall not submit material that:
- Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;
- Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libellous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion;
- Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
- Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
- Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation;
- Is a short version of the material, the full (longer) version of which is published by the Registered Studio Operator, the Registered Studio Operator's official representative or any third party on any other website(s), including the website(s) owned by the Registered Studio Operator.
For the avoidance of doubt, a violation of this provision occurs when a Registered Studio Operator uploads a shorter version of the material to the Website than the long (full) version is published on the Registered Studio Operator’s own website (including paysite).
- Is in violation of the requirements defined herein. The material eligible for publication must:
i. be of good quality (480p and above);
ii. not contain any advertisement (except as explicitly agreed by us);
iii. not be a duplicate;
iv. be full in length (have a clear beginning, middle and ending);
v. not contain cut scenes (except as explicitly agreed by us);
vi. not be a trailer/teaser/promotional material/behind the scenes (except as explicitly agreed by us).
You further understand that all and any non-full-length videos will be removed from the Website and the Registered Studio Operators won’t be able to receive any compensation for them. The above is not an exhaustive list of all the prohibited/inappropriate/ineligible material and is given by way of example only. The requirements for applicable content can be changed from time to time at our sole discretion and we will publish current requirements on Website.
- Is in contravention to any other rules or provisions set forth on the Website, including any rules set forth in the Website’s “Upload Rules,” or similar provisions, as may be updated from time to time.
We claim no ownership or control over User Submissions or Third-Party Content. You or a third-party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate.
You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancellable, sub-licensable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including, without limitation, any purpose contemplated by the Website(s) and these Terms. We preserve the right to change the scope of the license provided under this clause, by signing a separate agreement with a Registered Studio Operator and the provisions of such separate agreement shall prevail.
Furthermore, you also grant other users of the Website(s) the right and license to display, stream and download User Submissions in connection with their use of the Website(s) and for other personal use. If you wish to disable the ability to download User Submissions, you can contact the Company using the contact email and the Company will consider your request and the possibility of disabling this feature. The Company shall have the sole discretion to determine whether to disable and/or enable certain features of the Website for certain Registered Studio Operators. We reserve the right, at our sole discretion, to restore the original functionality of the Website if we deem this to be appropriate from a business perspective.
You also irrevocably waive and cause to be waived against us any claims and assertions of moral rights or attribution with respect to User Submissions.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload the User Submissions to the Website, and that uploading the User Submissions will not infringe upon any third party’s rights or your contractual obligations to third parties.
You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.
Without limitation to the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Website(s) in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney’s fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.
Please be advised that by User Submission, you grant rights, as described in this clause, to the Company, the operator of the Website(s), which is
5. Content on the Website(s)
You understand and acknowledge that, when using the Website(s), you will be exposed to content from a variety of sources including content made available on the Website(s) by other users, services, parties and through automated or other means (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
We claim no ownership or control over Third Party Content. Third parties retain all rights to Third Party Content, and they are responsible for protecting their rights as appropriate.
You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Website(s) for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third Party Content).
Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the Website(s) is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.
6. User Conduct and Covenants
You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to (i) agree to the Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required from you under the Terms.
You hereby expressly authorize us to monitor, record and log your use of the Website.
As a condition of your use of the Website(s):
- You agree not to use the Website(s) for any unlawful purpose or in any way that is prohibited by the Terms;
- You agree to abide by all applicable local, state, national and international laws and regulations;
- You agree not to use the Website(s) in any way that exposes us to criminal or civil liability;
- You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Website(s);
- You agree that all your User Submissions that you provide to us belong to you and that you have the right and authority to provide it to us;
- You agree to maintain the security of your login password and to be fully responsible for any and all use of your account;
- You agree not to use or attempt to use any third party’s account on the Website(s) without authorization;
- You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Website(s);
- You agree not to use the Website(s) to collect usernames and/or e-mail addresses for sending unsolicited messages of any kind;
- You agree not to take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
- You agree not to “stalk” or otherwise harass anyone on or through the Website(s);
- You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
- You agree not to disable, circumvent, or otherwise interfere with security related features of the Website(s) or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Website(s) or the content therein;
- You agree not to post, link to, or otherwise make available on the Website(s) any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment;
- You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Website(s) or any Content to any third party;
- You agree not to “frame” or “mirror” the Website(s); and
- You agree not to reverse engineer any portion of the Website(s).
- You understand and agree that the download feature of User Submissions on our website is provided "as is" and we make no representations and/or warranties as to the availability of this feature or any specific features of it, such as speed, quality, etc. You further understand and agree that we reserve the right to limit the functionality of this feature (for reasons such as high demand, technical necessity, excessive traffic (videos) being downloaded, equipment failure, etc.) by limiting the download speed and/or by any other means we deem appropriate, in our sole discretion. You understand and agree that you shall not attempt to overcome any such limitations by the use of any method or practice whatsoever.
- You agree not to remove any copyright or other proprietary notices from the Website(s) or any of the Content.
- You agree to use the Content on the Website(s) for personal use only and not to share the Content with any other person or entity, including, without limitation, by making copies for non-personal use, placing the Content on file sharing services, broadcasting the Content, distributing the Content, and making any commercial use of the Content. You agree that none of the foregoing shall be considered “fair use.” Sharing or distributing any Content received from the Website(s) will constitute Copyright Infringement and we and our affiliates reserve the right to take all the appropriate legal action against you for the same.
We reserve the right to take appropriate action against any user for any unauthorized use of the Website(s), including civil, criminal and injunctive redress and the termination of any user’s use of the Website(s). Any use of the Website(s) and our computer systems not authorized by the Terms is a violation of the Terms and certain international, foreign and domestic criminal and civil laws.
In addition to the termination of your Account and grant of use of the Website(s), any violation of this Agreement, including the provisions of the Section 6, shall subject you to liquidated damages of ten thousand Euros (10,000 EUR) for each violation. In the event that your violation results in legal action (whether against you or against us by any party) or physical or emotional harm to any party, you shall be subject to liquidated damages of One Hundred and Fifty Thousand Euros (150,000 EUR) for each violation. We may, in our discretion, assign any such damage claim or portion thereof to a third party that has been wronged by your conduct. These liquidated damages provisions are not a penalty, but instead an attempt by the Parties to reasonably ascertain the amount of actual damage that could occur from such a violation. You acknowledge and agree that the amount of these liquidated damages are a minimum and that if actual damages are greater you shall be liable for the greater amount.
7. Tokens, Payments & Subscriptions
To access specific Content on the Website(s), including access to stream and download certain Content, you must use Our proprietary currency on the Website(s) (“Tokens”). Prices for Tokens will be posted on the Website(s) and may change from time to time, at our sole discretion. Prices for access to Content and other services and activities will also be posted on the Website(s) and may change from time to time, at our sole discretion. Prices are subject to change and may vary due to various reasons, including special and limited promotional offers. All payments, including the purchase of Tokens, must be made with your valid credit card, debit card, or other methods of payment that we may make available from time to time, the information of which may be kept on file by us or by our payment processing contractor. Fees for Tokens must be paid in advance of you using them.
In order to make a purchase, including to purchase Tokens, you may be asked to supply certain information to allow us to process and authorize your purchase, including, without limitation, your name, address, card number, card expiration date, card security number, account numbers, and/or other information. You represent and warrant that (i) you have the legal right to use the form of payment that you use and that (ii) the information that you are providing with that form of payment is true and correct. You acknowledge that we may use a third party for the purposes of processing or facilitating any payment and that by submitting your information to us you grant us the right to provide this information to such third parties.
During the payment process, you have the option to select 'Crownbill', the Company’s intermediary platform with third-party service providers. Please note that such third-party service providers will be responsible for processing your payment.
We reserve the right to refuse, cancel or terminate your order at any time and for any reason, at our sole discretion. Without limitation to the foregoing, we reserve the right to refuse, cancel or terminate your order because of product or service unavailability, errors in the description or price of our product or service and errors in your order.
YOUR PAYMENT METHOD ON FILE MAY BE AUTOMATICALLY CHARGED FOR YOUR FUTURE PURCHASES. YOU HEREBY AUTHORIZE US AND OUR AGENTS (INCLUDING PAYMENT PROCESSORS WE MAY USE) TO CHARGE YOUR PAYMENT METHOD ON FILE FOR SUCH PAYMENTS ON YOUR BEHALF.
You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any goods or services, including subscriptions, for which you do not have a good faith reason to believe is in fact unauthorized. You agree that, and in the absence of good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional 100 EUR administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.
We clearly mention on our Website which types of content Users may see or download (if applicable). It is explicitly clear which types of content will be available to Users upon payment of different types of subscription and upon purchasing Tokens.
Additionally, the Website also shows previews or summaries of each of the videos available on the Website to inform Users about the content they will receive access to after payment. In each preview, the duration of the full video is indicated.
Therefore, the Website offers sufficient information about the videos and the nature of the services to Users, in order to be able to decide on proceeding with the purchase of the services. By making a purchase, the Users provide us with the consent to begin the performance of the Agreement and acknowledge that the Users may lose the right of withdrawal as described below.
Users have the right of withdrawal within 14 days from concluding the contract for online digital content upon payment of such contract. However, once Users have started downloading or watching even a single piece of the content, Users may no longer withdraw from the purchase, provided that the Company has complied with its obligations.
If you want to exercise the right of withdrawal because you didn’t start to download or watch the content, you can send us an e-mail to our contact e-mail, and we will study the case.
Notwithstanding the above, we may, at our sole discretion and on a case-by-case basis, issue a refund. You are responsible for ensuring that your order is correct before purchasing Tokens or content from the Website(s) or make another type of payment within the Website.
If at any time we terminate your right to use the Website(s) because of a breach of the Terms from your side, you shall not be entitled to a refund of any portion of your unused Tokens. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Website(s) and/or imposed by any sales agent or payment processing company, as may be amended from time to time. If we, at our sole discretion, provide you a refund, the refund will only be in the form of payment with which you made the original purchase.
Membership Subscription Service: This Website(s) also offers you the possibility to access more premium content by becoming a Subscriber of its Membership Subscription Service.
The Membership Subscription Service runs on a monthly basis and is subject to automatic renewal, for 1 calendar month periods at the time. Your subscription can be cancelled at any time. You can cancel your Membership Subscription at any time by clicking on the “Cancel My Subscription” button on our Membership Subscription page.
In case of cancellation, You will still be entitled to use the Membership Subscription Service until the end of the calendar month for which the Membership Subscription Service will be already paid for.
Please note that there will be no refunds issued after a cancellation of a Membership Subscription Service.
Fan Club Subscription Service: This Website(s) also offers you the possibility to access exclusive content of a certain Registered Studio Operator which is unavailable for Membership Subscription Service users, by becoming a Subscriber to this Registered Studio Operator’s Fan Club Subscription Service.
You may have an unlimited number of Fan Club Subscriptions simultaneously.
The Fan Club Subscription Service is available for the following durations: 30 days, 90 days, and 365 days, and is subject to automatic renewal, for the same period as the previously purchased Fan Club Subscription. Your subscription can be cancelled at any time. You can cancel your Fan Club Subscription at any time by clicking on the “Cancel My Subscription” button on our Fan Club Subscription page.
In case of cancellation, You will still be entitled to use the Fan Club Subscription Service until the end of the period for which the Fan Club Subscription Service will be already paid for.
Please note that there will be no refunds issued after the cancellation of a Fan Club Subscription Service.
8. Business & Individual Supplement
If you are an Individual (Model/Performer) and/or Business (Studio/Producer) which content is being uploaded and made available on the Website(s) (“Registered Studio Operator”), you must sign up for a special account specifically for Business (Studio/Producer) and/or Individual (Model/Performer) and you must agree to be bound by the terms and conditions of use for the Registered Studio Operator (Business Supplement and Individual Supplement respectively) in addition to the Terms. You must further provide all the information and documents requested by us. The provisions of the Business Supplement and Individual Supplement respectively are incorporated herein by reference and the Terms are incorporated by reference into the Business Supplement and Individual Supplement respectively. As used herein, “Account” includes a special Business Account and/or Individual Account respectively.
Please be advised, that the Company has implemented additional conditions to the Terms to regulate our relationships with Registered Studio Operators. Such conditions constitute an integral part of the Terms and are available at https://studio.faphouse.com/pages/studio-terms-of-use.
9. Advertising page
Each Registered Studio Operator has the right to create a special web page of its studio, which can be used by the said Registered Studio Operator for advertising purposes (“Advertising page”).
Advertising page will be created by the Company on the special domain name https://joinmy.fans/, which is operated by us.
Advertising page can be used by the Registered Studio Operator to share with Users, Browsers, Members and other third parties. Users, Browsers, Members and other third parties can make purchases from the Advertising page according to rules described in clause 7 of this Agreement.
11. Copyright and Intellectual Property Claims
We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may, at our sole discretion, remove any Content we have reason to believe it violates any of the intellectual property rights of others and may terminate your use of the Website(s) if you submit any such Content(s).
REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR WHOSE MATERIAL WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY CONTIGUOUS SIX-MONTH PERIOD WILL HAVE HIS GRANT OF USE OF THE WEBSITE(S) TERMINATED.
Although we are not subject to United States law, we voluntarily comply with the Digital Millennium Copyright Act (DMCA). Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on the Website(s), we have designated an agent to receive notifications of claimed copyright infringement. Notifications should be e-mailed to [email protected] or sent to:
6750 N. Andrews Ave., Suite 200
Fort Lauderdale, FL 33309
Fax: (800) 371-0235
All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:
- Identification of the copyrighted work that is believed to be infringed. Please describe the work and preferably, if possible, include a copy or the location (e.g., a URL) of an authorized version of the work;
- Identification of the material that is believed to be infringing and its location. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Website(s);
- Information that will allow us to contact you, including your address, telephone number and, if available, your e-mail address;
- A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law;
- A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed; and
- A physical or electronic signature from the copyright holder or an authorized representative.
If your User Submission is removed pursuant to a notification of claimed copyright infringement, you may provide us with a counter-notification, which must be a written communication to our above listed agent and satisfactory to us that includes substantially the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of the courts in the address you provided, the Republic of Cyprus and the location(s) in which the purported copyright owner is located; and
- A statement that you will accept service of process from the purported copyright owner or its agent.
12. Modification of the Terms
We reserve the right to amend the Terms at any time by posting such amended Terms to the Website(s). No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE(s) FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS.
13. Indemnification and Release
You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney’s fees, arising from your use of the Website(s) or from your breach of the Terms.
In the event that you have a dispute with one or more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website(s).
14. Disclaimer of Warranties and Limitations of Liabilities
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The Website(s) may contain links to third-party websites which are independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third-party websites. We have no right or ability to edit the content of any third-party websites. You acknowledge that we shall not be liable for any and all liability arising from your use of any third-party websites.
The Website(s) is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Website(s). Some jurisdictions do not allow the disclaimer of implied warranties, therefore in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to such implied warranties.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE(S), WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE(S), (ii) YOUR RELIANCE ON ANY CONTENT ON THE WEBSITE(S), (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE WEBSITE(S) OR (iv) THE TERMINATION OF SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE(S). SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE DO NOT WARRANT THAT (i) THE WEBSITE(S) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE WEBSITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE(S) WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE(S) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE(S) IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE(S) OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE(S). WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE(S) OR RELATED TO THE TERMS EXCEED 50 EUR.
15. Arbitration Provisions and Governing Laws
Binding Arbitration - If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with applicable Arbitration Ordinance. Claims subject to arbitration (“Arbitral Claims”) shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by Us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims (including but not limited to claims involving copyrights, trademarks, patents, unfair competition, and/or trade secrets), along with actions (regardless of the underlying cause of action) seeking injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in the Republic of Cyprus, in a convenient location agreed to by the parties, or absent such agreement, selected by the Arbitrator. The arbitration shall be conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality.
The Arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of this Agreement. The arbitrators shall be bound by and apply Cyprus law to any dispute submitted for arbitration hereunder, and this Agreement shall be interpreted in accordance with the laws of the Cyprus. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
No waiver of right to arbitration - There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
No action, regardless of form, arising out of or in conjunction with the subject matter of this Agreement, except for claims involving intellectual property, claims to recover outstanding amounts due to Us and claims for indemnification, may be brought by any party more than one (1) year after the cause of action arose.
16. General Terms
- The Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
- Our failure to enforce any provision of the Terms will not be construed as a waiver of any provision or right.
- If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
- Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
- Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
- You agree that we may provide you with notices by e-mail, regular mail, or postings to the Website(s).
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
- As used in the Terms, the term “including” is illustrative and not limitative.
- If the Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall prevail.