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 www.hypnovids.com ("Hypnovids" or the
"Website"), including any content, functionality and services offered
on or through the Website, whether as a guest or a registered user. These Terms
of Service apply to the Website, 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.
Please
read the Terms of Service carefully before you start to use the Website. By
using the Website or by clicking to accept or agree to the Terms of Service
when this option is made available to you, you accept and agree to be bound and
abide by these Terms of Service incorporated herein by reference. If you do not
want to agree to these Terms of Service, you must not access or use the
Website.
If
you access or use the Website, 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 Website, 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 Website 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 Website. You also represent that the jurisdiction
from which you access the Website 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, 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 Website 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 Website 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 Website
The
Website allows for uploading, sharing and general viewing of various types of
adult-oriented content by registered and unregistered users who desire to share
and view visual depictions of adult-oriented content, including sexually
explicit images. In addition, the Website contains texts, messages, files,
data, information, images, photos, videos, recordings, materials, code or
content of any kind and other materials posted/uploaded by users.
The
Website may contain links to third party websites that are not owned or
controlled by the Website. The Website has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, the Website will not and cannot censor or edit the
content of any third-party site. By using the Website you expressly relieve it
from all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Website and to
read the terms, conditions, and privacy policy of each other website that you
visit.
The
Website is for your personal use and shall not be used for any commercial
endeavor except those specifically endorsed or approved by the Website.
This
Website is for adult-oriented content. Other categories of content may be
deleted.
You
understand and acknowledge that when using the Website, you will be exposed to
content from a variety of sources, and that the Website is 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 Website with
respect thereto, and agree to indemnify and hold the Website, its site
operator, its 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 Website.
Accessing
the Website and Account Security
We
reserve the right to withdraw or amend this Website, and any service or
material we provide on the Website, in our sole discretion without notice. We
will not be liable if for any reason all or any part of the Website is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts of the Website, or the entire Website, to users, including
registered users.
You
are responsible for:
making
all arrangements necessary for you to have access to the Website;
ensuring
that all persons who access the Website through your internet connection are
aware of these Terms of Service and comply with them.
To
access the Website or some of the resources it offers, you may be asked to
provide certain registration details or other information. It is a condition of
your use of the Website that all the information you provide on the Website is
correct, current and complete. You agree that all information you provide to
register with this Website or otherwise, including but not limited to through
the use of any interactive features on the Website, will be used by the website
owners for whatever purposes they want and you consent to all actions we take
with respect to your information.
If
you choose, or are provided with, a user name, password or any other piece of
information as part of our security procedures, you must treat such information
as confidential and, you must not disclose it to any other person or entity and
you are fully responsible for all activities that occur under your user name or
password. You also acknowledge that your account is personal to you and agree
not to provide any other person with access to this Website or portions of it
using your user name, password or other security information. You agree to
notify us immediately of any unauthorized access to or use of your user name or
password or any other breach of security by contacting us at: contact@hypnovids.com.
You also agree to ensure that you exit from your account at the end of each
session. You should use particular caution when accessing your account from a
public or shared computer so that others are not able to view or record your
password or other personal information. Although the Website will not be liable
for your losses caused by any unauthorized use of your account, you may be
liable for the losses of the Website or others due to such unauthorized use.
If
you interact with us or with third-party service providers, and you provide
information, including account or credit card or other payment information, you
agree that all information that you provide will be accurate, complete, and
current. You will review all policies and agreements applicable to use of third
party services. In the event you use our Website over mobile devices, you
hereby acknowledge that your carrier’s normal rates and fees, such as excess
broadband fees will still apply.
We
have the right to disable any user name, password or other identifier, whether
chosen by you or provided by us, at any time in our sole discretion for any or
no reason, including if, in our opinion, you have violated any provision of
these Terms of Service.
You
acknowledge that the Website reserves the right to charge fees for its services
and website access and to change its fees in its complete and sole discretion.
Limited,
Conditional License to Use Our Intellectual Property
Hypnovids and our associated logos and names are
our trademarks and/or service marks. Other trademarks, service marks, names and
logos used on or through the Website, such as trademarks, service marks, names
or logos associated with third party Content providers, are the trademarks,
service marks or logos of their respective owners. You are granted no right or
license with respect to any of the aforesaid trademarks, service marks or
logos.
The
inclusion of images or text containing the trademarks or service marks or the
name or likeness of any person, including any celebrity, does not constitute an
endorsement, express or implied, by any such person, of the Website or vice
versa.
The
Website and certain materials available on or through the Website are content
we own, authored, created, purchased, or licensed (collectively, our
"Works"). Our Works may be protected by copyright, trademark, patent,
trade secret and/or other laws, and we reserve and retain all rights in our
Works and the Website.
We
hereby grant you a conditional, royalty-free, limited, revocable,
non-sublicensable, and non-exclusive license to access our our Website and
Works solely for your personal use in connection with using the Website.
We
grant you a conditional and limited license to access, view and display Website
and Works, and to create and display transient copies of the Website and Works
as necessary to view them, conditioned upon your agreement to display the
Website whole and intact as presented by the Website host, complete with any
advertising, to not interfere with the display of any advertising, and to not
use ad blocking software of any kind. This limited license is further
conditioned upon your agreement not to use any information obtained from or
through the Website to block or interfere with the display of any advertising
on the Website, 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 Website. Interference with the display of any advertising on the
Website, use of ad blocking software to block or disable any advertising while
viewing the Website, or use of information obtained from or through the Website
to update any ad blocking software or filter lists, is prohibited, violates the
conditions of your limited license to view the Website and Works and
constitutes copyright infringement.
You
may not otherwise reproduce, distribute, communicate to the public, make
available, adapt, publicly perform, link to, or publicly display the Website
and Works or any adaptations thereof unless expressly set forth herein. Such
conduct would exceed the scope of your license and constitute copyright
infringement.
The
Website provides an "Embeddable Player" feature, which you may
incorporate into your own websites for use in accessing the Content on the
Website. You may not modify, build upon or block any portion or functionality
of the Embeddable Player in any way, including but not limited to links back to
the Website.
The
above described license is conditioned on your compliance with these Terms of
Service, including, specifically, your agreement to view the Website whole and
intact as presented by the website host, complete with any advertising, and
shall terminate upon termination of these Terms of Service. If you breach any
provision of these Terms of Service, any license you have obtained will be
automatically rescinded and terminated. In order to protect our rights some
Content made available on the Website may be controlled by digital rights
management technologies, which will restrict how you may use the Content. You
must not circumvent, remove, delete, disable, alter or otherwise interfere with
any digital rights management technology. Such conduct is prohibited by law.
If
the Website allows you to download or otherwise copy our Works, you are not
buying or being gifted copies thereof. Instead, you are licensing a limited,
revocable, non-sublicensable, and non-exclusive right to possess and use the
copies for personal, non-commercial use, subject to specific terms and
conditions (the "Download License"). Under this Download License you
may not thereafter reproduce, distribute, communicate to the public, make
available, adapt, publicly perform, or publicly display the Website and Works
or any adaptations thereof unless expressly set forth herein. Such conduct
would exceed the scope of your Download License and constitute copyright
infringement. At the expiration of your Download License or the termination of
these Terms of Service, you will delete or otherwise dispose of all copies of
Works in your possession.
Content
Posted by Users
The
Website 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,
"post") content, data, information, videos, images, recordings,
materials, code or content of any kind (collectively, "Content") on
or through the Website.
As
a Website account holder you may submit Content to the Website and other
Websites linked to the Website including videos and user comments. You
understand that the Website does 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 Website. 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
Website. 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 Website all patent, trademark, trade secret, copyright or other
proprietary rights in and to such Content for publication on the Website
pursuant to these Terms of Service.
You
further agree that Content you submit to the Website 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 Website 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 Website, you hereby grant the Website 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
Website’s (and its successors’ and affiliates’) business, including without
limitation for promoting and redistributing part or all of the Website (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 Website a non-exclusive, royalty free license to
access your Content through the Website, and to use, reproduce, distribute,
display, communicate and perform such Content as permitted through the
functionality of the Website and under these Terms of Service. The above
licenses granted by you in video Content you submit to the Website terminate
within a commercially reasonable time after you remove or delete your videos
from the Website. You understand and agree, however, that the Website 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
Website does not endorse any Content submitted to it by any user or other
licensor, or any opinion, recommendation, or advice expressed therein, and the
Website expressly disclaims any and all liability in connection with Content.
The Website does not permit copyright infringing activities and infringement of
intellectual property rights on the Website, and the Website will remove all
Content if properly notified that such Content infringes on another’s
intellectual property rights. The Website reserves the right to remove Content
without prior notice.
All
Content you submit must comply with the Content standards set out in these
Terms of Service.
If
any of the Content that you post to or through the Website 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 Website, 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 Website.
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 Website, including the name used in
registering for and using the Website or other personally identifying
information, may be displayed to other members of the Website, and may become
public. In addition, we may disclose the personally identifying information and
documentation you provide in some limited circumstances.
Prohibited
Uses
You
agree that you will only use the Website and our services for the lawful
purposes expressly permitted and contemplated by these Terms of Service. You
may not use the Website and our services for any other purposes, including
commercial purposes, without our express written consent.
You
agree that you will view the Website and its content unaltered and unmodified.
You acknowledge and understand that you are prohibited from modifying the
Website or eliminating any of the content of the Website, including ads. By
using the Website you expressly agree to accept advertising served on and
through the Website and to refrain from using ad blocking software or to
disable ad blocking software before visiting the Website.
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 Website or use
and/or monitor any information in or related to the Website for any
unauthorized purpose. Specifically, you agree not to use the Website 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 Website,
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 Website 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 Website;
remove,
delete, alter, circumvent, avoid or bypass any digital rights management
technology, encryption or security tools used anywhere on the Website or in
connection with our services;
collect
or store personal data about anyone;
alter
or modify without permission any part of the Website 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 Website;
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 Website in any manner that could disable, overburden, damage, or impair the
site or interfere with any other party’s use of the Website, including their
ability to engage in real time activities through the Website;
use
any robot, spider or other automatic device, process or means to access the
Website for any purpose, including monitoring or copying any of the material on
the Website without our prior written consent;
use
any manual process to monitor or copy any of the material on the Website or for
any other unauthorized purpose without our prior written consent;
use
any information obtained from or through the Website to block or interfere with
the display of any advertising on the Website, 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 Website;
use
any device, bots, scripts, software or routine that interferes with the proper
working of the Website or that shortcut or alter Website functions to run or
appear in ways that are not intended by Website 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 Website or our services;
attempt
to gain unauthorized access to, interfere with, damage or disrupt any parts of
the Website, the server on which the Website is stored, or any server, computer
or database connected to the Website;
remove
any copyright or other proprietary notices from our Website or any of the
materials contained therein;
attack
the Website via a denial-of-service attack or a distributed denial-of-service
attack;
otherwise
attempt to interfere with the proper working of the Website.
Monitoring
and Enforcement; Termination
We
have the right to:
remove
or refuse to post any Content you submit or contribute to the Website for any
or no reason in our sole discretion,
take
any action with respect to any Content posted by you that we deem necessary or
appropriate in our sole discretion, including if we believe that such Content
violates these Terms of Service, infringes any intellectual property right or
other right of any person or entity, threatens the personal safety of users of
the Website or the public or could create liability for us,
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 Website,
terminate
or suspend your access to all or part of the Website 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 Website. 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 Website 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 Website 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 Website, 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
While
pornographic and adult-oriented Content is accepted, the Website reserves the
right to decide whether Content is appropriate or violates these Terms of
Service for reasons other than copyright infringement and violations of
intellectual property rights, such as, but not limited to, obscene or
defamatory material. The Website may at any time, without prior notice and in
its sole discretion, remove such Content and/or terminate a user’s account for
submitting such material in violation of these Terms of Service.
If
you violate the letter or spirit of these Terms of Service, or otherwise create
risk or possible legal exposure for us, we can terminate access to the Website
or stop providing all or part of the Website to you.
Copyrights
and Other Intellectual Property
The
Website 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
Website operates a clear Copyright Policy in relation to any Content alleged to
infringe the copyright of a third party. Details of that policy can be found at
https://hypnovids.com/static/dmca . If you believe that any Content violates
your copyright, please see our Copyright Policy
https://hotogothvids.com/static/dmca for instructions on sending us a notice of
copyright infringement.
As
part of our Copyright Policy, the Website will terminate user access to the
Website if, under appropriate circumstances, a user has been determined to be a
repeat infringer.
The
Website 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 contact@hypnovids.com.
The Website is 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 Website 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
Website, or by anyone who may be informed of any of its contents.
This
Website includes 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 Website
We
may update the content on this Website from time to time, but its content is
not necessarily complete or up-to-date. Any of the material on the Website 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 Website
All
information we collect on this Website is subject to our Privacy Policy
https://hypnovids.com/static/privacy . By using the Website, you consent to all
actions taken by us with respect to your information in compliance with the
Privacy Policy.
Collection
and Use of Your Usage Information by Advertisers and Others
The
Website allows others to display advertisements using the Website. These third
parties use technology to deliver advertisements you see using the Website
directly to your browser. In doing so, they may automatically receive your IP,
or "Internet Protocol", address. Others that place advertising using
the Website may have the ability to use cookies and/or web beacons to collect
information, including information about your usage of the Website. We do not
control the processes that advertisers use to collect information. However, IP
addresses, cookies and web beacons alone generally cannot be used to identify
individuals, only machines. Therefore, advertisers and others whose
advertisements or content may be provided through the Service generally will not
know who you are unless you provide additional information to them, by
responding to an advertisement, by entering into an agreement with them, or by
some other means.
Linking
to the Website and Social Media Features
You
may link to the Website, 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
Website may provide certain social media features that enable you to:
link
from your own or certain third-party websites to certain content on this
Website;
send
e-mails or other communications with certain content, or links to certain
content, on this Website;
cause
limited portions of content on this Website 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 Website 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 Website that is
inconsistent with any other provision of these Terms of Service.
The
website 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 Website
If
the Website contains 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 Website, 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 website, content, service, or software
accessed through the Website.
Your
communications or dealings with, or participation in promotions of, sponsors,
advertisers, or other third parties found through the Website, are solely
between you and such third parties. You agree that the Website 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 Website.
Permitted
Disclosures of Personal Information
The
Website generally does not collect personally identifiable information (data
such as your name, email address, password, and the content of your
communications) unless you submit or communicate Content through the Website,
or register with us in order to use certain features of the Website. The
Website will not disclose any personally identifiable information it collects
or obtains except: (i) as described in these Terms of Service or our Privacy
Policy; (ii) after obtaining your permission to a specific use or disclosure;
(iii) if the Website is required to do so in order to comply with any valid
legal process or governmental request (such as a court order, search warrant,
subpoena, civil discovery request, or statutory requirement); (iv) as required to
protect the Website’s property, safety, or operations, or the property or
safety of others; or (v) to a person that acquires the Website, or the assets
of the Website’s operator in connection with which such information has been
collected or used; or (vi) as otherwise required by law.
Indemnification
To
the extent permitted by applicable law, you agree to defend, indemnify and hold
harmless the Website, its site operator, its parent corporation, their
respective affiliates, licensors, service providers, officers, directors,
employees, agents, successors and assigns from and against any and all claims,
damages, judgments, awards, 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 your Content caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the Website. You
agree that we shall have the sole right and obligation to control the legal
defense against any such claims, demands, or litigation, including the right to
select counsel of our choice and to compromise or settle any such claims,
demands, or litigation.
Disclaimers
YOU
USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND
"AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE,
ITS SITE OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND
GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE WEBSITE, 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 WEBSITE.
WE
MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS
WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THAT
THE WEBSITE 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 WEBSITE 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 WEBSITE OR OUR SERVICES, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE
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 WEBSITE OR OUR SERVICES. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE WEBSITE 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 WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation
of Liability
To
the fullest extent allowed by law, the Website, its site operator, its 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 Website (or any part thereof)
with or without notice to you for any or no reason whatsoever,
immediately
terminating your access to the Website 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 Website,
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 Website,
personal
injury or property damage, of any nature whatsoever, resulting from your access
to and use of our Website,
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 Website,
any
bugs, viruses, Trojan horses, or the like, which may be transmitted to or
through our Website by any third party, and/or
any
loss or damage of any sort incurred by you as a result of interactions you have
with third-party advertisements or service providers, or third-party websites,
found on or through the Website, including payment and delivery of related
goods or services, and any other terms, conditions, policies, warranties or
representations associated with such dealings.
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 WEBSITE 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.
Governing
Law
These
Terms, your use of the Website, and the relationship between you and us shall
be governed by the laws of Canada, without regard to conflict of law rules. You
agree that: (i) the Website shall be deemed solely based in Canada; and (ii)
the Website shall be deemed a passive Website that does not give rise to
personal jurisdiction over us, either specific or general, in jurisdictions
other than Canada. The sole and exclusive jurisdiction and venue for any action
or proceeding arising out of or related to this Agreement shall be in an
appropriate court located in Vancouver, Canada. You hereby submit to the
jurisdiction and venue of said Courts. You consent to service of process in any
legal proceeding.
Any
claim by you that may arise in connection with these Terms will be compensable
by monetary damages and you will in no event be entitled to injunctive or other
equitable relief.
Limitation
on Time to File Claims
REGARDLESS
OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Your
Comments and Concerns
All
notices of copyright infringement claims should be sent to
contact@hypnotube.com designated in our Copyright Policy https://hypnovids.com/static/dmca
in the manner and by the means set forth therein.
All
other feedback, comments, requests for technical support and other
communications relating to the Website should be directed to:
contact@hotvids.com.
Waiver
and Severability
No
waiver of by the Company of any term or condition set forth in these Terms of
Service shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of the
Company to assert a right or provision under these Terms of Service shall not
constitute a waiver of such right or provision.
If
any provision of these Terms of Service is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms of Service will continue in full force
and effect.
Entire
Agreement
The
Terms of Service, our Privacy Policy, our Copyright Policy and any documents
they expressly incorporate by reference constitute the sole and entire
agreement between you and us with respect to the Website and supersede all
prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to the Website.
Assignment
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.
Fees
You
acknowledge that the Website reserves the right to charge for its services and
to change its fees from time to time in its discretion. Furthermore, in the
event the Website terminates your rights to use the Website because of a breach
of these Terms of Services, you shall not be entitled to the refund of any
unused portion of subscription fees.
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
Website’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 Website, 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.