Whale Member may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Website.
Whale Member is a website that makes available to its viewers content generated by third-parties. The website is a resource for people who want to share and who are looking for, among other things, visual depictions of adult content, including sexually explicit images. Visitors to the website can also "rate" the content they view on a scale of 1 through 5. (Collectively, "Whale Member's Services.")
Among other things, Whale Member provides a platform for uploading, sharing, and viewing various types of content. Whale Member's dynamic and collaborative service enables registered and unregistered users (visitors and registered members are collectively referred to as "User(s)") to access a host of functionality, including but not limited to various types of media submitted by Users (collectively, "User Submissions").
Whale Member grants you a personal, non-exclusive, non-transferable, limited, and revocable license to view the Content and Website subject to the terms of this Agreement. You may access, transfer, or use the Website on such software, personal computers, and/or devices as authorized by us or our content delivery providers.
Use of and membership in the Whale Member Website is void where prohibited.
The Website is made available to you for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Whale Member. Illegal and/or unauthorized use of the Whale Member Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Whale Member Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.
You affirm that you are at least 18 years of age, or the applicable age of majority in the jurisdiction where you reside and from which you access the Website, because the Website is prohibited for those not meeting this requirement. You also affirm that you 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 years of age, or under the age of majority in the jurisdiction where you reside or from which you access this Website, then you do not have permission to use the Website. You may be asked to provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Website.
You agree that you shall not, and you shall not permit others using your account, if any, to do any of the following: (a) upload, post, transmit, or otherwise make available any User Submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically, or otherwise objectionable; (b) impersonate any person or entity, including without limitation any Whale Member personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions transmitted through the Website; (d) upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; (e) upload, post, or otherwise transmit any User Submission that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment; (f) damage, interfere with, or disrupt Whale Member, the Website, or Whale Member networks; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside, including without limitation any laws or regulations relating to securities, privacy, and export control; (h) "stalk" or otherwise harass another; (i) engage in, promote, or provide instructional information about, or provide video User Submissions depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; (j) use the Website in any way that exposes Whale Member to criminal or civil liability (k) promote, offer for sale, or sell any item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer, or sell, including all necessary licenses and authorizations, or (iii) Whale Member determines, in its sole discretion, is inappropriate for sale through the Website; (l) use the Website as a forwarding service to another website; or (m) exceed the scope of the service that you have signed up for.
Whale Member shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.
If you decide to register with Whale Member, you will receive a password and Whale Member ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. Whale Member reserves the right to hold you fully responsible for all activities that occur under your password and ID. Further, you agree to (a) immediately notify Whale Member of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Whale Member cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Further, you agree not to use the account, username, or password of another Member.
With the exception of all User Submissions, the content on the Website, including without limitation, any text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Whale Member, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Whale Member reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
The Website permits the submission of User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Whale Member does not guarantee any confidentiality with respect to any submissions.
You acknowledge and agree that Whale Member and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, to remove, or to block access to any User Submission that is available via the Website or other Whale Member network products or services at any time, for any reason, or for no reason at all, with or without notice.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Whale Member to use all patent, trademark, trade secret, copyright, moral rights, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Website, you hereby grant Whale Member a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the Website and Whale Member's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website in any media formats and through any media channels. You also hereby grant each User of the Website a non-exclusive license to access your User Submissions through the Website, and to display, and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Whale Member and the Website are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 Whale Member with respect thereto, and agree to indemnify and hold Whale Member, its owners, and operators, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Whale Member assumes no responsibility for monitoring the Whale Member Services for inappropriate content or conduct. If at any time Whale Member chooses, in its sole discretion, to monitor the Whale Member Services, however, Whale Member assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. Whale Member may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
Whale Member does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Whale Member does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Whale Member will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Whale Member reserves the right to remove Content and User Submissions without prior notice. Whale Member will also terminate a User's access to its Website, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Whale Member also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscenity, or defamatory material, or excessive length. Whale Member may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
YOU SHALL NOT USE THE SITE AND SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
Whale Member provides the Website as a service to its users. Whale Member does not monitor, supervise, or control content posted or stored on its servers at the direction of its Users, nor does it control or supervise the content of pages that are accessed via third party links. You are responsible for complying with all applicable federal and state laws, including, without limitation, the copyright laws.
Whale Member takes seriously all laws against child pornography. Thus, it will not condone, and it intends to cooperate with all governmental agencies that seek those who produce, child pornography. By using this website, you agree that all User Submissions you upload to this website for viewers in the United States or any of its territories or possessions are fully compliant with all laws relating to child pornography in the United States, including but not limited to 18 U.S.C. section 2257. If you need to review this statute before agreeing to these terms, then visit http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html. By using this website, you also agree that all User Submissions you upload to this website for viewers anywhere in the world comply with any and all applicable laws.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), Whale Member will respond expeditiously to claims of copyright infringement that are reported to Whale Member's designated copyright agent identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Whale Member by providing Whale Member's designated copyright agent listed below with the following information:
All claims of copyright infringement on or regarding this Website should be delivered to Whale Member's designated copyright agent at the following address: Email: email@example.com
You agree to provide, at your own expense, Internet access, compatible software, and compatible equipment to access and use the Website. You may need to download certain software to use enhanced features and the Website. You may need to obtain updates or upgrades from time to time in order to continue using the Website. Whale Member may modify system requirements or the Software at any time. Whale Member MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER, PORTABLE DEVICE, OR OTHER RECORDING DEVICE WILL BE COMPATIBLE WITH THE SOFTWARE AND SERVICE PROVIDED TO YOU, THAT ANY DEVICE USING THE SOFTWARE AND SERVICE WILL FUNCTION, OR THAT THE WEBSITE WILL WORK ON THE EQUIPMENT AND SOFTWARE USED BY YOU.
You acknowledge that Whale Member reserves the right to charge for the Whale Member services and to change its fees from time to time in its discretion. If Whale Member terminates your rights to use the Whale Member services because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
You represent and warrant that all of the information provided by you to Whale Member to participate in the Website is accurate and current; and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
Whale Member reserves the right to terminate your access to and/or use of the Website and remove and discard any Content and User Submissions at any time for any reason, including without limitation any failure to comply with any part of this Agreement. Whale Member also reserves the right to discontinue providing all or part of the Website. Whale Member reserves the right, in its sole discretion, to change or discontinue the Website and Content at any time, without notice. You agree that any termination of your access to or use of the Website and any discontinuation by Whale Member in providing the Website may be effected without notice to you and that Whale Member shall be under no obligation to retain any User Submissions, provide any further access to any User Submissions or return any User Submissions to you. You agree that Whale Member shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT Whale Member SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, Whale Member, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Whale Member MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL Whale Member, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (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 WEBSITE, (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 WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) ANY CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE Whale Member SERVICES, AND/OR (VII) 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 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Whale Member DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Whale Member 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT Whale Member SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.
Whale Member makes no representations that the Website is appropriate or available for use in locations outside of the United States of America. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify, and hold harmless Whale Member, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
Unless expressly stated to the contrary elsewhere within the Website, all legal issues arising from or related to the use of the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to this Agreement or any user's use of the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. Except as set forth above, the state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement or any User's use of the Website. By using the Website and thereby agreeing to this Agreement, users consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.