THIS AGREEMENT (the "Agreement") CONTAINS IMPORTANT PROVISIONS THAT GOVERN, LIMIT AND DEFINE YOUR LEGAL RIGHTS AND OBLIGATIONS IF YOU (the "User" or "you") CHOOSE TO VIEW AND/OR USE WWW.MADTHUMBS.COM ("MadThumbs", the "Site", "we"). YOU MUST READ THIS AGREEMENT AND SIGNIFY YOUR CONSENT TO ITS TERMS BEFORE VISITING OR USING THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR CONTINUED USE OR VIEWING OF THIS SITE, AFTER AN OPPORTUNITY TO REVIEW THIS AGREEMENT SHALL SIGNIFY YOUR CONSENT TO BE BOUND BY SAME.
This Agreement applies to all users of MadThumbs whether a "visitor" or a "member" and you are only authorized to use MadThumbs.com if you agree to abide by all applicable laws and be legally bound by this Agreement.
NOTICE: THIS SITE IS FOR ENTERTAINMENT AND COMMUNICATION PURPOSES ONLY AND SOLELY FOR THOSE RESIDING IN JURISDICTIONS IN WHICH THE MATERIALS APPEARING ON MADTHUMBS ARE NOT IN VIOLATION OF ANY LAW, REGULATION, STATUTE, ORDINANCE OR RULE.
MadThumbs is for adults only. By using the Site, you represent and warrant to MadThumbs that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher. We reserve the right to reject or remove any submission(s) and terminate the account of users or block the device of any user(s) who we believe, in our sole and absolute discretion, are not the Age of Majority.
We do not encourage and will not knowingly use or publish any videos that result in, from or depict (simulated or otherwise) any activity that: (i) in any way utilizes any third party without such third party's permission; (ii) is obscene, threatening, harassing or contains the personal information of you or any third party; (iii) could create a risk of harm or loss to any person or animal including, without limitation, physical or mental injury, disfigurement, disability, physical/mental illness, emotional distress, or death; (iv) may contain falsehoods or misrepresentations which could be harmful to the reputation of MadThumbs or any other third party; (v) may constitute a crime; (vi) may constitute a violation of the legal rights of any other person including, without limitation, privacy rights and rights of publicity; (vii) could create a risk of any other loss or damage to any person or property.
You may not post any materials on MadThumbs that are the work of any third party or user. We do not endorse any of the view(s), materials, opinion(s), recommendation(s) or advice expressed anywhere on MadThumbs. By using MadThumbs, you acknowledge and agree that you may be exposed to videos, writings or other materials which may be offensive, objectionable, inaccurate or which do not otherwise meet your expectations and you fully assume the risk of viewing or coming into contact with same. We do not undertake to review and assume no responsibility for the accuracy, safety or other content of any materials appearing on MadThumbs regardless of the source of such content.
Warranty of User
You warrant and covenant that any user submission you may make will not violate the terms set forth herein. You further warrant and covenant that you will not either intentionally or unintentionally inflict emotional distress on any third party, humiliate any third party either publicly or otherwise, assault, batter or in any way threaten other people, trespass on the property of any third party, film in any location without permission, or otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
You further warrant and covenant to MadThumbs that you have obtained and possess all copyright, patent, trademark and all other proprietary rights to grant the rights granted by you in this Agreement. You also warrant and covenant that you have the written consent of each and every identifiable third person which appears in any User Submission, as such term is defined below, made by you and that in such release each such person has released you from any and all liability that may arise from the User Submission and granted to you the right to license and distribute such content. You warrant that you will not upload any video or photo of any individual who is not at least the Age of Majority.
You understand, agree and request that by submitting your video content to MadThumbs that a Madthumbs watermark be automatically inserted over such video content. The automatic insertion of such watermark at your request shall not give MadThumbs any rights in the resulting video content or modify your ownership rights as the rightsholder in such video content.
18 USC 2257
In the event that you upload any video which features sexual activity or the display of one or more sexual organs, you warrant and represent that for each individual in such video you have accurate records compliant with 18 USC 2257 and the regulations promulgated thereunder (collectively "2257"). You will be prompted to provide such information upon submission of any video, you agree and warrant to MadThumbs that all information supplied by you is accurate and complete and complies with 2257. We reserve the right to remove and report to any and all law enforcement agencies any content of an adult nature which we suspect may feature underage individuals.
Right of Rejection
MadThumbs reserves the right, in its sole and absolute discretion and without any duty to do so, to remove any submission(s) made by User for any reason, including, without limitation:
- Breach or suspected breach of any part of this Agreement;
- Suspected or alleged copyright or trademark infringement;
- Suspected or alleged criminal activity; and/or
- Suspected or alleged violation of any Statute, ordinance, law, regulation or rule.
MadThumbs reserves the right to report any suspected, alleged or actual breach of this Agreement including criminal activity or copyright or trademark infringement to any and all law enforcement authorities. Moreover, MadThumbs reserves the right to cooperate fully in any investigation. In such instances, MadThumbs further reserves the right to immediately terminate without notice any account which MadThumbs believes, in MadThumbs sole discretion, is in violation of this Agreement.
License to MadThumbs
By submitting or posting to MadThumbs any video or any other visual, audio or other communication to MadThumbs (a "User Submission"), you expressly grant to MadThumbs a royalty-free, worldwide, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, edit, translate, publish, distribute, perform, display, make derivative works of and/or otherwise exploit any and all User Submission(s), and to use your name, any and all aliases, voice, and/or likeness as contained in your User Submission, in whole or in part. You further grant MadThumbs the right to exploit all rights granted herein in any form, media or technology, whether now known or hereafter developed, including in association with any and all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof. You acknowledge and agree that MadThumbs shall have the right to sublicense, assign, sell or otherwise make such rights available to any third party(ies). You further acknowledge and agree that MadThumbs is a public website and that by posting or submitting any User Submission(s) you waive any and all privacy rights in association with the User Submission(s) and you association with same. The license granted hereunder with respect to each User Submission you make shall terminate once you remove or delete such User Submission.
MadThumbs Proprietary Rights
You acknowledge and agree that MadThumbs and its affiliates are the sole and absolute owner of the owner of all copyrights, trademarks, and other proprietary rights of MadThumbs, its users and/or its affiliates. You acknowledge and agree that you have no right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content which appears on or may be accessed through use of MadThumbs, nor do you have the right to reverse engineer, copy, modify, distribute reproduce or transmit any of the features appearing on MadThumbs. Use of the content or materials on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.
In order to use certain sections or features of MadThumbs you will be required to create an account with MadThumbs. You may be required to provide information including your email address, age, location and name. By submitting such registration information through MadThumbs, you warrant and covenant that such information is accurate and current. You acknowledge and agree that it is your responsibility, and required by this Agreement, that you keep this information up-to-date at all times. We reserve the right to refuse to accept your registration application for an account for any reason whatsoever in MadThumbs's sole and absolute discretion.
User Name and Password
When completing the registration application to become a member of MadThumbs, you will be required to supply a unique username and a password. You acknowledge and agree that you are solely responsible for keeping your username and password confidential. Furthermore, you agree that you are solely responsible for any and all activity using your user name and password.
Notice of Claimed Infringement
The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service's Designated Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on a Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Lawrence G. Walters
195 W. Pine Ave.
Longwood, FL 32750
Fax: (407) 774-6151
DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT. SEND ALL OTHER INQUIRIES TO: firstname.lastname@example.org
Notification and Take Down Procedures
The Site implements the following "notification and takedown" procedure upon receipt of any notification of claimed copyright infringement. 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.S.C. §512 of the Digital Millennium Copyright Act ("DMCA"). The Site's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, we will expeditiously endeavor to remove and/or disable access to the infringing material and may notify the affected user. 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 10-14 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.
DMCA Counter-Notification Procedure
If the recipient (the "Recipient") of a Notice of Claimed Infringement ("Notice") feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined above, the Recipient is permitted to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. 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.
- A description of where the material was located within the Site before such material was removed and/or disabled. 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:
"I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled." 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.
Lawrence G. Walters
195 W. Pine Ave.
Longwood, FL 32750
Fax: (407) 774-6151
Alternately, to email the above information, You must digitally sign the email and send it to:notice@DMCANotice.com
DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT. SEND ALL OTHER INQUIRIES TO: email@example.com
After receiving a DMCA-compliant counter-notification, our designated copyright agent will forward it to us, and we will then provide the counter-notification to the entity who first provided the Notice concerning the subject material.
Additionally, within ten to fourteen (10-14) 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.
We have absolutely no tolerance for the uploading of any content that is not your own and/or containing individuals who have not released their rights in the content to you. 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 reserve the right to terminate and/or suspend your account, in our sole discretion, after receipt of any such notice (including a DMCA notice) (such notice is referred to herein as a "Notice of Infringement"). 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.
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.
Rules for Use of MadThumbs
- You will not upload or otherwise distribute through MadThumbs or its servers:
- Any destructive, unlawful or otherwise nefarious purpose(s) including, without limitation, Trojans, worms, and/or viruses;
- Materials which may be libelous, slanderous or harassing; obscene or otherwise illegal; harassment; stalking; tortuous conduct; any type of hateful materials (e.g.., with respect to race, gender, sexual preference, religion, sex or age); or
- Any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties.
- 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 2257 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.
MadThumbs reserves the right to terminate, suspend and/or block the device of any user who MadThumbs believes, in its sole and absolute discretion, has breached any term(s) of this Agreement.
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.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. MADTHUMBS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MADTHUMBS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MADTHUMBS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT MADTHUMBS' MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID US.
Limitation of Liability
YOU AND ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL MADTHUMBS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, ATTORNEYS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, MADTHUMBS, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA, OR THAT RESULT FROM ERRORS IN THE ADMINISTRATION OF ANY CONTEST, PROCESSING OF CONTEST SUBMISSIONS OR AWARDING OF ANY PRIZE. UNDER NO CIRCUMSTANCES WILL MADTHUMBS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF MADTHUMBS OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT MADTHUMBS 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. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MADTHUMBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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. Notwithstanding any provision of this Agreement relating to under which state’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law of arbitration. 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. and sales and use taxes thereon, if any.
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.
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.
By accessing the Website and/or by checking the box that reads "I have read and agree to MadThumbs' Terms and Conditions" button, you represent that you have read this Agreement in its entirety, understand its terms and conditions and you agree to be bound by this Agreement.