The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
We reserve the right to terminate any account reported for infringing on the intellectual property of any third party, and we will act expeditiously to remove access to all identifiable material that is alleged to infringe on a third party's copyright, according to the procedure set forth in 17 U. Then, the affected user may submit a counter-notification to the above designated agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material.
After the designated agent receives the counter-notification, we will replace the material at issue within days after receipt of the counter-notification unless the designated agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
We reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
A counter- notification is the proper method for the Recipient to dispute the removal or disabling of material the "Material" pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against us relating to the Content.
To submit a counter-notification, please provide Our Designated Copyright agent the following information: A specific description of the material that was removed or disabled pursuant to the Notice. Please provide the specific URL if possible. A statement reflecting the Recipient's belief that the removal or disabling of the Material was done so erroneously.
For convenience, the following format may be used: Walters Longwood, FL Fax: Additionally, within ten to fourteen days of our receipt of the counter- notification, we will replace or cease disabling access to the disputed material provided that we or our designated copyright agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material.
We reserve the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes. You understand that we have a strict policy of immediately terminating Repeat Infringers. A "Repeat Infringer" is a user about whom we receive more than one notice that the user does not have the right to grant the license set forth herein.
We will, in our sole and absolute discretion, cooperate with any party who sends us a Notice of Infringement, including providing all information about your account in our possession such as your account information, upload information, IP address and, if you are a Cash4Porn user, your payment information. You understand and agree that in the event we do release any of your information to one or more third parties in response to a Notice of Infringement, such release will not be deemed a violation of your privacy and you hereby specifically and irrevocably waive all rights with respect to such release.
Indemnification You agree to defend, indemnify and hold harmless MadThumbs and its owners, managers, employees and agents from and against any claim, cause of action, liability, loss or harm caused by or arising from your breach of any of the warranties and representations contained herein and with respect to any breach of any term of this Agreement.
You will not attempt to hack, reverse engineer or in anyway tamper with the MadThumbs website or the materials which may appear on it, nor will you upload anything to MadThumbs' server s or tamper with the MadThumbs website or servers in any way; You will not attempt to collect or exploit any information with respect to any User Submission or any other user on MadThumbs; You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials nor any of the following "junk mail," "spam," "chain letters," "pyramid schemes," "giveaways" or any other form of solicitation; You will not post any video s or photo s of anyone under the Age of Majority; You will not upload any video for which you do not have a release and records for each individual appearing in such video; and You will not, either intentionally or unintentionally, violate any applicable local, state, national or international law.
Indemnification You hereby agree to defend, indemnify and hold harmless MadThumbs along with its affiliated entities, agents, managers, employees, attorneys, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including, without limitation, attorneys' fees, arising from your use of MadThumbs or the activities conducted using your username and password on MadThumbs.
Third-Party Sites are not owned or operated by MadThumbs and MadThumbs has no control over and makes no representation about the materials that appear on such Third-Party Sites. Arbitration All Disputes including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules.
The term "Dispute" means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void. The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and MadThumbs hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Arbitration take place in Miami-Dade County, Florida, exclusively. You and MadThumbs hereby agree that no action whether for arbitration, damages, injunctive, equitable or other relief, including rescission will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.
The obligation to arbitrate is not binding upon MadThumbs with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. You and MadThumbs each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
No Waiver You acknowledge and agree that no failure to or decision not to exercise MadThumbs' rights hereunder, shall be deemed a waiver of such rights or an acceptance of such conduct on the part of User.