Terms & Conditions
Last modified date: January 01, 2019
Acceptance of the Terms of Service
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of nohix.com ("we", "us", "our", ours" and/or the "Websites"), including any content, functionality and services offered on or through the Websites, whether as user ("User"). These Terms of Service apply to the Websites, web pages, interactive features, applications, widgets, blogs, social networks, social network "tabs", or other online or wireless offerings that post a link to these Terms of Service, whether accessed via computer, mobile device or other technology, manner or means.
If you access or use the Websites, whether you click to accept or not, you agree to all of the various terms in these Terms of Service. If you do not understand all of these Terms of Service, you should consult an attorney before agreeing to any of the Terms of Service.
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
When using the Websites, you shall be subject to any posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms of Service. We may also offer other Websites that are governed by different Terms of Service.Ability to Accept Terms of Service
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Websites from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 or the applicable age of majority, you are not permitted to submit personal information to us or use the Websites. You also represent that the jurisdiction from which you access the Websites does not prohibit the receiving or viewing of sexually explicit content.Changes to the Terms of Service
We may modify or revise these Terms of Service from time to time in our sole discretion and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms of Service, you are expected to periodically review the most up-to-date version found at https://nohix.com/terms, so you are aware of any changes, as they are binding on you.
If we change anything in these Terms of Service, the change will be reflected in the "last modified date". You agree that you will periodically review these terms and refresh the page when doing so. You agree to note the date of the last revision of these terms. If the "last modified" date is unchanged from the last time you reviewed these terms, then they are unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review the terms, and you agree to the new ones.
All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. The updated version supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. If you do not review new terms as posted, then you agree that you have waived your right to do so, and you are therefore bound by the updated conditions, even if you failed to review the new ones. You are on notice of changes, and your failure to review the amended terms is your own omission. By continuing to use the Websites subsequent to us making available an amended version of these Terms of Service, you thereby acknowledge, agree to and consent to such amendment.About Our Websites
The Websites allow for uploading, sharing and general viewing of various types of adult-oriented content by registered and unregistered users, models who desire to share and view visual depictions of adult-oriented content, including sexually explicit images. In addition, the Websites contain texts, messages, files, data, information, images, photos, videos, recordings, materials, code or content of any kind and other materials posted/uploaded by users, models.
The Websites are for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Websites.
This Websites are for adult-oriented content. Other categories of content may be deleted at our discretion.
You understand and acknowledge that when using the Websites, you will be exposed to content from a variety of sources, and that the Websites are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Websites with respect thereto, and agree to indemnify and hold the Websites, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Websites.Content Posted by Users
The Websites may contain message boards, chat rooms, personal web pages or profiles, playlists, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to upload, post, create, submit, publish, make available, send, share, communicate, display or transmit to other users or other persons (collectively, "") content, data, information, audio and video (whether live or pre-recorded) content, photographs/pictures, textual content and other materials, including but not limited to, graphics, messages, comments, memberships and tangible goods provided, sold, offered, posted or otherwise contributed by you to the Websites from time to time or content of any kind (collectively, "Content") on or through the Websites.
As the Websites’ account holder you may submit Content to the Websites and other Websites linked to the Websites including videos and user comments. You understand that the Websites do not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of posting, uploading, publishing transmitting or otherwise making available your Content on the Websites. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Websites. We do not control Content you submit or contribute and we do not make any guarantee whatsoever related to Content submitted or contributed by users. Although we sometimes review Content submitted or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to Content submitted or contributed by users.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Websites all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Websites pursuant to these Terms of Service.
You further agree that Content you submit to the Websites will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to the Websites all of the license rights granted herein.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Websites, you hereby grant the Websites a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, exploit, reproduce, distribute, prepare derivative works of, display, communicate, and perform the Content in connection with the Websites’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Content. In no circumstances will we be liable to you for any exploitation of any Content that you post. You also hereby grant each user of the Websites a non-exclusive, royalty free license to access your Content through the Websites, and to use, reproduce, distribute, display, communicate and perform such Content as permitted through the functionality of the Websites and under these Terms of Service. The above licenses granted by you in video Content you submit to the Websites terminate within a commercially reasonable time after you remove or delete your videos from the Websites. You understand and agree, however, that the Websites may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
The Websites do not endorse any Content submitted to it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Websites expressly disclaims any and all liability in connection with Content. The Websites does not permit copyright infringing activities and infringement of intellectual property rights on the Websites, and the Websites will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Websites reserves the right to remove Content without prior notice.
If any of the Content that you post to or through the Websites contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).
In the process of posting Content to the Websites, you may be asked to provide some personally identifying information, such as your name, address, e-mail address, a password, and other documentation. You may also be asked to provide such information in order to use certain features of the Websites.
We will keep a record of the information you provide, including your personally identifiable information. That information may be linked in our records to other information you provide, including Content. We will not provide your name or other personally identifying information to our advertisers or business partners without your permission. Please note that some of the information you provide in registering for and using the Websites, including the name used in registering for and using the Websites or other personally identifying information, may be displayed to other members of the Websites, and may become public. In addition, we may disclose the personally identifying information and documentation you provide in some limited circumstances.
Before you are able to upload and offer any Content for sale, you need to verify your identity and age. In order to do so, you need to submit the following documents in color to us (please submit back and front):
1. A Photo ID meaning a Government Issued ID containing your Date of Birth, expiration date, your Photo and your full legal name. This could be, for example, your Driver\'s License (in countries where a National ID is not mandatory), International Passport, Citizenship Card, State ID, National Passport or your National ID Card.
2. A Valid Social Security Number and a copy of your Social Security Card (for tax purposes, USA only)
These requirements apply to every person who will appear in any media on your profile.
You acknowledge that you are solely responsible for the activity that occurs on your account, and you must immediately notify us if you believe there has been the slightest breach of security or unauthorized use of your account.
You will be liable for any losses incurred by us due to the unauthorized use of your account. We are not liable for your losses caused by any unauthorized use of your account and you specifically waive any such claim and agree to defend and indemnify us against any such claims made against it by third parties.
To the extent you voluntarily create a user profile to participate in certain select services offered by us, your profile (and its contents) may be searchable by other users registered through the Websites and others partnered or networked with us. Likewise, your profile (and its contents) may be searchable by publicly available search engines.Prohibited Uses
You agree that you will only use the Websites and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use the Websites and our services for any other purposes, including commercial purposes, without our express written consent.
You agree that you will view the Websites and its content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying the Websites or eliminating any of the content of the Websites, including ads. By using the Websites you expressly agree to accept advertising served on and through the Websites and to refrain from using ad blocking software or to disable ad blocking software before visiting the Websites.
You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Websites or use and/or monitor any information in or related to the Websites for any unauthorized purpose. Specifically, you agree not to use the Websites to:
• violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
• act in a manner that negatively affects other users’ ability to use the Websites, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
• post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
• post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
• post any Content depicting child pornography, rape, snuff, torture, death, violence, or incest, racial slurs or hate speech, (either aurally or via the written word);
• post any Content that contains falsehoods or misrepresentations that could damage the Websites or any third party;
• post any Content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
• post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
• post any Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;
• post any Content which impersonates another person or falsely state or otherwise misrepresent your affiliation with a person;
• deploy programs, software or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
• deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
• exceed your authorized access to any portion of the Websites;
• remove, delete, alter, circumvent, avoid or bypass any digital rights management technology, encryption or security tools used anywhere on the Websites or in connection with our services;
• collect or store personal data about anyone;
• alter or modify without permission any part of the Websites or its content, including ads;
• obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Websites;
• exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available.
Additionally, you agree not to:
• use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites;
• use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites without our prior written consent;
• use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent;
• use any information obtained from or through the Websites to block or interfere with the display of any advertising on the Websites, or for the purpose of implementing, modifying or updating any software or filter lists that block or interfere with the display of any advertising on the Websites;
• use any device, bots, scripts, software or routine that interferes with the proper working of the Websites or that shortcut or alter Websites functions to run or appear in ways that are not intended by Websites design;
• introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Websites or our services;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites;
• remove any copyright or other proprietary notices from our Websites or any of the materials contained therein;
• attack the Websites via a denial-of-service attack or a distributed denial-of-service attack;
• otherwise attempt to interfere with the proper working of the Websites.
Monitoring and Enforcement; Termination
We have the right to:
• remove or refuse to post any Content you submit or contribute to the Websites for any or no reason in our sole discretion,
• disclose your personally identifying information or other information about you to any third party who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy,
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites,
• terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Websites. YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Websites may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of the Websites in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.
However, we do not undertake to review Content before it is posted on the Websites, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Account Termination Policy
Copyrights and Other Intellectual Property
The Websites respects the intellectual property of others, and requires that you do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity.
The Websites operates a clear Copyright Policy in relation to any Content alleged to infringe the copyright of a third party.
As part of our Copyright Policy, the Websites will terminate user access to the Websites if, under appropriate circumstances, a user has been determined to be a repeat infringer.
The Websites is not in a position to mediate trademark disputes between users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the user in question. If the trademark owner is unable to reach a resolution with the user, it may send us a notice at [email protected] The Websites are willing to perform a limited investigation of reasonable complaints and will remove content in clear cases of infringement.
Reliance on Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
This Websites include Content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Websites
We may update the content on the Websites from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your Visits to the Websites
Collection and Use of Your Usage Information by Advertisers and Others
Linking to the Websites and Social Media Features
You may link to the Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Websites may provide certain social media features that enable you to:
• link from your own or certain third-party Websites to certain content on the Websites;
• send e-mails or other communications with certain content, or links to certain content, on the Websites;
• cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party Websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• cause the Websites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site,
• otherwise take any action with respect to the materials on this Websites that is inconsistent with any other provision of these Terms of Service.
The Websites from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Websites
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assumes no responsibility for, the contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by us. If you decide to access any of the third party Websites linked to this Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites. Further, you agree to release us from any and all liability arising from your use of any third-party Websites, content, service, or software accessed through the Websites.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Websites, are solely between you and such third parties. You agree that the Websites shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Websites.
Permitted Disclosures of Personal Information
YOU USE THE WEBSITES AT YOUR SOLE RISK. WE PROVIDE THE WEBSITES "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITES, ITS SITE OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITES AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITES.
WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITES’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITES OR THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR OUR SERVICES. THE WEBSITES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE WEBSITES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.Limitation of Liability
To the fullest extent allowed by law, the Websites, their site operator, their parent corporation and their respective officers, directors, employees, and agents shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
• delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you,
• modifying or discontinuing temporarily or permanently, the Websites (or any part thereof) with or without notice to you for any or no reason whatsoever,
• immediately terminating your access to the Websites for any or no reason whatsoever and with or without notice to you,
• the accuracy, usefulness or availability of any information posted to or through the Websites,
• any user Content that does not get recorded, or is deleted, or for any similar unsatisfactory results or user Content,
• any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Websites,
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Websites,
• any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
• any interruption or cessation of transmission to or from our Websites,
• any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Websites by any third party, and/or
In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any individual or class-action claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of the Terms of Service, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.Entire Agreement
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.Miscellaneous
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, the Websites’s representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
The headings in these Terms of Service are for convenience only and have no legal or contractual effect.
We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on the Websites, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service, you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We will not be not responsible for deleting your Content. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Service.