1. ACCEPTANCE
By using and/or visiting the Ebonynsfw.com website
(collectively, including but not limited to all Content, Uploads and
User Submissions available through Ebonynsfw.com, "Ebonynsfw.com", the website) you agree to the terms and conditions
contained herein and the terms and conditions of Ebonynsfw.com's
privacy policy incorporated herein, and all future amendments and
modifications (collectively referred to as the "Agreement"). By
entering, you agree to be bound by these terms and conditions. If you do
not agree to be bound the terms and conditions contained herein, then
do not use Ebonynsfw.com.
The terms and conditions of this Agreement are subject to change by Ebonynsfw.com at any time in its sole discretion and you agree
be bound by all modifications, changes and/or revisions. If you do not
accept to be bound by any and all modifications, changes and/or
revisions of this agreement, you many not use Ebonynsfw.com.
The terms and conditions contained herein apply to all users of Ebonynsfw.com whether a 'visitor' or a 'member' and you are only
authorized to use Ebonynsfw.com if you agree to abide by
all applicable laws and be legally bound by the terms and conditions of
this Agreement.
2. DESCRIPTION OF SERVICES
Ebonynsfw.com website allows for uploading, sharing and
general viewing various types of content allowing registered and
unregistered users to share and view visual depictions of adult content,
including sexually explicit images. In addition, Ebonynsfw.com
contains video content, information and other materials posted/uploaded
by users. Ebonynsfw.com allows its users to view the Content and
Website subject to the terms and conditions of this Agreement.
The Ebonynsfw.com website may also contain certain links to
third party websites which are in no way owned or controlled by Ebonynsfw.com. Ebonynsfw.com assumes no responsibility
for the content, privacy policies, practices of any and all third party
websites. Ebonynsfw.com cannot censor or edit the content of
third party sites. You acknowledge that Ebonynsfw.com will not
be liable for any and all liability arising for your use of any
third-party website.
Ebonynsfw.com is for your personal use and shall not be used
for any commercial endeavor except those specifically endorsed or
approved by Ebonynsfw.com. Any illegal and/or unauthorized
use of Ebonynsfw.com is prohibited including but not limited to
collecting usernames and e-mail addresses for sending unsolicited emails
or unauthorized framing or linking to the Ebonynsfw.com website
is prohibited.
3. ACCESS
In order to use this website, you affirm that you are at least eighteen
(18) year of age and/or over the age of majority in the jurisdiction you
reside and from which you access the website where the age of majority
is greater than eighteen (18) years of age. If you are under the age of
18 and/or under the age of majority in the jurisdiction you reside and
from which you access the website, then you are not permitted to use the
website.
4. USER CONDUCT
You acknowledge and agree that you shall be responsible for your own
user submissions and the consequences of posting, uploading, publishing
transmitting or other making them available on Ebonynsfw.com.
You agree that you shall not (nor others using your account) post,
upload, publish, transmit or make available in any way on Ebonynsfw.com content which is illegal, unlawful, harassing, harmful,
threatening, tortuous, abusive, defamatory, obscene, libelous, invasive
of one's privacy including but not limited to personal information,
hateful, racial. You also agree that you shall not post, upload,
publish, transmit or make available in any way on Ebonynsfw.com
software containing viruses or any other computer code, files, or
programs designed to destroy, interrupt, limit the functionality of, or
monitor, or persistently reside in or on any computer software or
hardware or telecommunications equipment. You agree that you shall not
(nor others using your account) post, upload, publish, transmit or make
available in any way on Ebonynsfw.com content which is
intentionally or unintentionally violating any applicable local, state,
national, or international law, or any regulations or laws having the
force of law where you reside and elsewhere, including but not limited
to any laws or regulations relating to securities, privacy, and export
control; engage in, promote, You agree that you shall not (nor others
using your account) post, upload, publish, transmit or make available in
any way on Ebonynsfw.com content depicting illegal activities,
promote or depict physical harm or injury against any group or
individual, or promote or depict any act of cruelty to animals; You
agree not to use Ebonynsfw.com in any way that exposes Ebonynsfw.com to criminal or civil liability.
You agree that Ebonynsfw.com shall have the right to determine
in its sole and unfettered discretion, what action shall be taken in the
event of any discovered or reported violation of the terms and
conditions contained herein.
5. INTELLECTUAL PROPERTY
The Content contained on the Ebonynsfw.com with the exception of
User Submissions including but not limited to the text, software,
scripts, graphics, music, videos, photos, sounds, interactive features
and trademarks, service marks and logos contained therein, are owned by
and/or licensed to Ebonynsfw.com, subject to copyright and other
intellectual property rights under United States, Canada and foreign
laws and international conventions. Content on the Website is provided
to you AS IS for your information and personal use only and may not be
used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. Ebonynsfw.com reserves all rights not expressly granted in and
to the Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, and/or distribution of
User Submissions of third parties obtained through the Website for any
commercial purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to disable, circumvent, or
otherwise interfere with security related features of the Ebonynsfw.com or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the Ebonynsfw.com
Website or the Content therein.
6. USER SUBMISSIONS
Ebonynsfw.com permits the submission of video and other
communications and the hosting, sharing and publishing of such user
submissions. You understand that whether or not such User Submissions
are published and/or uploaded, Ebonynsfw.com does not guarantee
any confidentiality with respect to any submissions.
Ebonynsfw.com allows/permits you to link to materials on the Website for personal, non-commercial purposes only.
You shall be solely responsible for any and all of your own User
Submissions and the consequences of posting, uploading and publishing
them. Furthermore, with User Submissions, you affirm, represent and/or
warrant that:
1. you own or retain the necessary licenses, rights, consents, and permissions to use and authorize Ebonynsfw.com to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
2. you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to Ebonynsfw.com, you hereby grant Ebonynsfw.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Ebonynsfw.com Website and Ebonynsfw.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Ebonynsfw.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Ebonynsfw.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Ebonynsfw.com Website.
In submitting material (video or other communication), you further agree that you shall not:
4. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Ebonynsfw.com all of the license rights granted herein;
5. publish falsehoods or misrepresentations that could damage Ebonynsfw.com or any third party;
6. submit material 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;
7. post advertisements or solicitations of business;
8. Impersonate another person. Ebonynsfw.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Ebonynsfw.com expressly disclaims any and all liability in connection with User Submissions. Ebonynsfw.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Ebonynsfw.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Ebonynsfw.com reserves the right to remove Content and User Submissions without prior notice or delay. Ebonynsfw.com will also terminate a User's access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, Ebonynsfw.com also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. Ebonynsfw.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using Ebonynsfw.com, you will be exposed to User Submissions from a variety of
sources, and that Ebonynsfw.com is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and
acknowledge that you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to
waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Ebonynsfw.com with respect thereto,
and agree to indemnify and hold Ebonynsfw.com, its Owners,
affiliates, operators, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the website.
You agree that Ebonynsfw.com may at its sole discretion have
the right to refuse to publish, remove, or block access to any User
Submission that is available via the Website or other Ebonynsfw.com network or services at any time, for any reason, or for no reason
at all, with or without notice.
Ebonynsfw.com provides its website as a service to its users.
However, Ebonynsfw.com assumes no responsibility whatsoever for
monitoring the Ebonynsfw.com Services for inappropriate content
or conduct. If at any time Ebonynsfw.com chooses, in its sole
discretion, to monitor the Ebonynsfw.com Services, however, Ebonynsfw.com assumes no responsibility for the content, no
obligation to modify or remove any inappropriate content, and no
responsibility for the conduct of the User submitting any such content. Ebonynsfw.com may review and delete any User Submissions that,
in its sole judgment, violates this Agreement or may be otherwise
offensive or illegal, or violate the rights, harm, or threaten the
safety of any User or person not associated with the Website
(collectively "Inappropriate User Submissions"). You are solely
responsible for the User Submissions that you make visible on the
Website or to any third-party website via an embedded player provided by
the Website or any other material or information that you transmit or
share with other Users or unrelated third-parties via the Website.
7. ACCOUNT TERMINATION POLICY
1. A User's access to theWebsite will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.
2. The Website reserves the right to decide whether Content or if a User's Submission is appropriate and complies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Website may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
8. POLICY
Ebonynsfw.com abides by a ZERO TOLERANCE policy relating to any
illegal content. Child Pornography, bestiality, rape, torture, snuff,
death and/or any other type of obscene and/or illegal material shall not
be tolerated by Ebonynsfw.com. Ebonynsfw.com shall not
condone child pornography and will cooperate with all governmental
agencies that seek those who produce child pornography.
9. FEES
You acknowledge that Ebonynsfw.com reserves the right to charge
for Ebonynsfw.com services and to change its fees from time to
time in its discretion. Further more, in the event Ebonynsfw.com
terminates your rights to use the website because of a breach of this
Agreement, you shall not be entitled to the refund of any unused portion
of subscription fees.
10. WARRANTIES
You represent and warrant that all of the information provided by you to Ebonynsfw.com to participate in the Ebonynsfw.com
website is accurate and current and you have all necessary right, power,
and authority to enter into this Agreement and to perform the acts
required of you hereunder.
As a condition to using the Ebonynsfw.com, you must agree to the
terms of Ebonynsfw.com's privacy policy and its modifications.
You acknowledge and agree that the technical processing and transmission
of the Website, including your User Submissions, may involve
transmissions over various networks; and changes to conform and adapt to
technical requirements of connecting networks or devices. You further
acknowledge and agree that other data collected and maintained by Ebonynsfw.com with regard to its users may be disclosed in
accordance with the Ebonynsfw.com Privacy Policy.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE Ebonynsfw.com WEBSITE SHALL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Ebonynsfw.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR
USE THEREOF. Ebonynsfw.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
9. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
10. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
11. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
12. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
13. ANY ERRORS OR OMISSIONSIN 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 Ebonynsfw.com WEBSITE. Ebonynsfw.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Ebonynsfw.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Ebonynsfw.com 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Ebonynsfw.com 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.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL Ebonynsfw.com, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY
14. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
15. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
16. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
17. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
18. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
19. 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 Ebonynsfw.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT 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 Ebonynsfw.com 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.
13. INDEMNITY
You agree to defend, indemnify and hold harmless Ebonynsfw.com,
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:
20. your use of and access to the Ebonynsfw.com;
21. your violation of any term of these Terms of Service;
22. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
23. Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Ebonynsfw.com Website.
You affirm that you are either more than 18 years of age or an
emancipated minor, or possess legal parental or guardian consent, 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 and
Conditions contained herein.
14. ASSIGNMENT
The Terms and Conditions contained herein and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by Ebonynsfw.com without restriction.
If any term, clause or provision of the agreement is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the validity or operation of any term, clause or
provision and such invalid term, clause or provision shall be deemed to
be severed from this Agreement.
15. JURISDICTION
This Agreement shall be governed by and construed in accordance with the
laws of the site operator's country, without regard to conflicts of law
principles. 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 the appropriate jurisdiction. You
hereby submit to the jurisdiction and venue of said Courts. You consent
to service of process in any legal proceeding.