Created: 09/25/2013, Last Updated: 09/25/2013
Welcome to Pichunter.com (the “Site”). Thank You for visiting and have a great time!
The Site shall sometimes be referred to as (“We”, “Us”, “Our”, and “Ours”).
You shall sometimes be referred to as (“You”, “Your”, “Yours”, “Yourself”).
You and the Site shall also sometimes be referred to as the “Party” in the singular and the “Parties” in the plural.
It is important to us that You, and Our other visitors, have the best possible experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Service as the legally binding terms to govern your use of this Site.
The Terms of Service shall sometimes be referred to as (the “Agreement”).
This Site is owned and operated by Gotys Productions, Inc., a Republic of Seychelles company. All comments, complaints or support related issues shall be submitted electronically to the Site by electronic mail to: firstname.lastname@example.org.
Please read these Terms of Service carefully before using the Site, because they affect your legal rights and obligations. If you do not agree with these Terms of Service or any part hereof then please leave the Site immediately. These Terms of Service constitute a legally binding contract between you and the Site.
By utilizing the Site you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Site and these Terms of Service.
From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the Parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
We agree that if We change anything in this Agreement, We will change the “last modified” date at the top of this Agreement so that it is immediately obvious that We have updated the Agreement. The Agreement is located at http://www.pichunter.com/terms and a link to the Agreement is also at the bottom of the home page of the Site. You agree to periodically re-visit this web page, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed, and that You need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.
Waiver – if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
These Terms of Service apply to all users of the Services, including users who are also contributors of Content on the Services. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials You may view on, access through, or contribute to the Services. The Services includes all aspects of the Site, including but not limited to all products, software and services offered via the Site.
The Services may contain links to third party websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, We will not and cannot censor or edit the content of any third-party websites. By using the Service, You expressly relieve Us from any and all liability arising from Your use of any third-party website.
Access and Limited License - All users of the Site may access certain public areas of the Site. You understand that all We are providing You is access to Our Services as We provide them from time to time. You need to provide Your own access to the Internet, and any Internet access or other fees that You incur to access Our Site and use Our Services are Your sole responsibility. We are not providing any hardware nor software to You and You need to purchase or license the necessary hardware and software to access the Site and Services. This Agreement covers all public and non-public areas of the Site.
User Account - Although much of the Site is available without creating an account, to access certain features of the Site and Services, You must register as a registered user of the Site.
In connection with completing the Registration, You agree to provide true, accurate, current and complete information about Yourself as prompted by the registration (such information being the “Registration Data”); and You further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while You are a member.
As part of registration, You will be issued or choose a unique username and password which You must provide in order to gain access to the non-public portions of the Site.
You certify that when asked to choose a username You will not choose a name which may falsely represent You as somebody else or a name which may otherwise be in violation of the rights of a third-party.
You are permitted to create one account only.
Your account may not be transferred or sold to a third party.
You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify the Site immediately of any breach of security or unauthorized use of Your account.
Termination of Your User Account -
You may cancel Your account at any time by visiting this link: http://www.sexyid.com/home/settings/account. This Agreement's provisions shall survive its termination, unless otherwise stated. Upon Our processing of Your request to cancel Your account, You will no longer have access to the non-public areas of the Site to which You were permitted access as a registered user.
Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if:
a) We believe, in Our sole discretion, that You have breached any material term of this Agreement or the document(s) it incorporates by reference;
b) We are unable to verify or authenticate any information You provide to Us;
c) We believe, in Our sole discretion, that Your actions may cause legal liability for You, Our Users or Us; or
d) We decide to cease operations or to otherwise discontinue any services or options provided by the Site or parts thereof.
You agree that neither Us nor any third party acting on Our behalf shall be liable to You for any termination of Your account or access to any part of the Site or Services.
You agree that if Your access is terminated by Us, You will not attempt to regain access to the Site – using the same or different username – without prior written consent from Us.
In order to maintain the integrity of the Site and Services, or to investigate complaints, You agree to allow Us to access Your account and any other information You have submitted or created for as long as reasonably required to investigate the complaint or protect the Services.
You agree that You will not use Our Services to publicly discuss any infractions, warnings, or bannings. You must discuss any concerns about such topics with Us directly.
If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site and Services by You, as well as subjecting You to criminal and civil liability.
The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Site. If a user fraudulently obtains access, the Site may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.
We take credit card fraud very seriously. Discovery that any member has used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of such member’s account.
We hereby grant You permission to access and use the Services as set forth in these Terms of Service, provided that:
a) You agree not to distribute in any medium any part of the Services or the Content without Our prior written authorization, unless We make available the means for such distribution through functionality offered by the Service (such as our embeddable player);
b) You agree not to alter or modify any part of the Services;
c) You agree not to access Content through any technology or means other than the video playback pages of the Services itself, our embeddable player, or other explicitly authorized means We may designate;
d) You agree not to use the Services for any of the following commercial uses unless you obtain Our prior written approval:
i. the sale of access to the Services;
ii. the sale of advertising, sponsorships, or promotions placed on or within the Services or Content; or
iii. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from the Site appears on the same page and is of sufficient value to be the basis for such sales.
e) Prohibited commercial uses do not include:
i. uploading an original video to the Site, or maintaining an original channel on the Site, to promote Your business or artistic enterprise;
ii. showing Our videos through Our embeddable player on an ad-enabled blog or website, subject to the advertising restrictions set forth above; or
iii. any use that We expressly authorizes in writing.
f) If you use Our embeddable player on Your website, You may not modify, build upon, or block any portion or functionality of the embeddable player, including but not limited to links back to the Site;
g) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Site grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Site reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content; and
h) In Your use of the Service, you will comply with all applicable laws.
i) We reserve the right to discontinue any aspect of the Services at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to Your use of Content.
a) The Content on the Services, and the trademarks, service marks and logos ("Marks") on the Services, are owned by or licensed to the Site, subject to copyright and other intellectual property rights under the law;
b) Content is provided to you AS IS. You may access Content for Your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Service. You shall not download any Content unless You see a “download” or similar link displayed by the Site on the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Site or the respective licensors of the Content. The Site and its licensors reserve all rights not expressly granted in and to the Services and the Content;
c) You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein; and
d) You understand that when using the Service, You will be exposed to Content from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Site, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to Your use of the Services.
a) As a Pichunter.com account holder, You may submit Content to the Services, including videos and user comments. You understand that Pichunter.com does not guarantee any confidentiality with respect to any Content You submit;
b) You shall be solely responsible for Your own Content and the consequences of submitting and publishing your Content on the Services. 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 Site all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service;
c) For clarity, You retain all of your ownership rights in your Content. However, by submitting Content to the Site, You hereby grant the Site a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and the Site’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms of Service. The above licenses granted by You in video Content You submit to the Service terminate within a commercially reasonable time after You remove or delete Your videos from the Services. You understand and agree, however, that We 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;
d) You further agree that Content You submit to the Service 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 the Site all of the license rights granted herein;
e) You further agree that You will not submit to the Services any Content or other material that is contrary to the Site’s Community Guidelines, currently found at http://www.pichunter.com/terms/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations; and
f) The Site does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and We will remove all Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove Content without prior notice.
1. We will terminate a user's access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.
2. We reserve the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement. We may at any time, without prior notice and in Our sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PICHUNTER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PICHUNTER.COM 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 AND ASSUMES 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 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 OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH 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 SERVICES. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE 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.
IN NO EVENT SHALL THE SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 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 OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT PICHUNTER.COM 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 Services are controlled and offered by the Site from its facilities in the Republic of Seychelles. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the fullest extent permitted by applicable law, You agree to defend, indemnify and hold harmless the Site, its parent corporation, 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 Services; (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 Services.
You affirm that You are either more than 18 years of age, or the age of majority in the jurisdiction which You are accessing any portion of the Services.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Site without restriction.
The material and all other content in and on this Site are presented solely for the purpose of providing entertainment and information.
You agree that the Services shall be deemed solely based in the Republic of Seychelles and the Services shall be deemed a passive website that does not give rise to personal jurisdiction over the Site, either specific or general, in jurisdictions other than the Republic of Seychelles.
In the event that You or the Site commences any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys’ fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
We make no representation(s) of any kind whatsoever that the Site or any of the material located on the Site are appropriate or available for use in other locations, and access to them from territories where their subject matter may be illegal or is otherwise prohibited. Those who choose to access the Site from any such location(s), do so at their own risk shall be solely responsible for compliance with all applicable local laws and regulations. YOU AND THE SITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Any notice required under these Terms of Service or in any of your interactions with the Site may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by a commercial carrier. Notices shall be deemed effective upon delivery. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified, shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this section of these Terms of Service.
You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond Our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond Our control.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the Parties relating to the matters contained herein.
We reserve all rights afforded to Us under these Terms of Service as well as under the provisions of any applicable law. Our non-enforcement of any particular provision of these Terms of Service or any applicable law shall not be construed as Our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign Your rights and/or obligations pursuant to these Terms of Service to any other party without Our prior written consent. We reserve the right to assign Our rights and/or obligations pursuant to these Terms of Service to any other party in Our sole and absolute discretion.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Service.