Date Last Modified: [2/2/18]
madthumbs User Agreement
When you create an account on madthumbs ("us" or "we") you agree to all of the terms and conditions of this User Agreement (the "Agreement"). This Agreement constitutes the entire agreement between us and you, the user, with respect to your use of the interactive, streaming video and text communication platform (the "Platform") available at madthumbs. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Platform. Please read the following terms and conditions carefully, as they form the agreement between us, or any of its successors or assigns (referred to herein as the "Site", "we" or "us") and you (sometimes referred to herein as "you" or "your") IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PLATFORM, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE PLATFORM YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.
Purpose of Platform
The Platform serves as a platform to allow users, including you, to broadcast streaming video, view the streaming videos of others and to interact via text. The Platform operates solely as a social networking platform and any misuse of the information received through the Platform, such as for prostitution or other illegal purposes, is not permitted. The Platform is not a dating, hook up or similar type of service/website. The Platform is merely intended for entertainment purposes only which include permitting consenting adults to view, share and communicate their interests and consented to activities.
Revisions to this Policy and Platform
We reserve the right to revise and amend this Agreement at any time and in any manner. Any time any changes are made to this Agreement, the "Last Updated" date at the top of this page will be updated to the date such changes were made. You agree to regularly review this Agreement to confirm no revisions have been made to it. Should you not agree to any new changes, you must immediately terminate your account (if any) and cease accessing the Platform and madthumbs. Your right to use the Platform is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any or all aspects of the Platform at any time, including the availability of any Platform feature, database, or content. We may also impose limits on certain features and aspects of the Platform or restrict your access to parts or the entire Platform without notice or liability.
Minimum Age Requirement
In order to access and/or use the Platform, you must be at least eighteen years of age or the age of majority in your jurisdiction, whichever is higher (the "Age of Majority"). In the event that we believe or are advised that a third party believes you not to be the Age of Majority, we will immediately terminate your account and we may, in our sole discretion, provide all information related to your account and use of the Platform to law enforcement. We may, in certain circumstances, provide users with an opportunity to provide documentation sufficient (in our sole determination) to verify that you are at least the Age of Majority. We are under no obligation and take on no obligation to request or permit you to provide any such documentation at any time. Any and all suspected minors, including all of their account information, will be reported to the United States National Center for Missing and Exploited Children ("NCMEC").
The Platform is a tool which allows users to interact both in text and video form. Each user is responsible for the content of his or her own communications. While we have established the Code of Conduct below and will use our reasonable efforts to investigate any report(s) that one or more users are not complying with the Code of Conduct or this Agreement, we do not and will not undertake any duty to supervise the various chat rooms, broadcasts or any other communication through the Platform. We have no control over any communications which happen through the Platform and you specifically release us from any and all claims or liability in connection with any communication between you and any other user of the Platform whether or not they take place through the Platform. It is possible that one or more users may post links to third party websites (the "External Links"). We are not responsible for, and shall have no liability to you or anyone else as a result of, the availability of External Links or their contents. We have no control and take no responsibility for any External Links posted, shared or otherwise communicated either through the Platform or by one of more users of the Platform.
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Platform, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Platform, or any interruption or suspension of the Platform, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Platform during the previous 12 months. We may discontinue or change the Platform or its availability to you at any time, and you may stop using the Platform at any time, please see details on cancellation below.
License Granted to the Platform
By streaming or uploading any content to the Platform you are granting to the Platform and its third party advertisers a fully paid, worldwide, irrevocable license to use and distribute such content through the Platform and in advertising. By uploading and/or streaming any content in any form through the Platform you are requesting and directing us to make such content to other users and viewers of the Platform.
Code of Conduct
As mentioned throughout this Agreement, we merely provide a Platform for use by adults. We do not seek to control or censor the information users choose to post on the Service; however, in order to ensure the Platform remains an opening and welcome place for users, we have instituted the following Code of Conduct:
You understand that the foregoing Code of Conduct is not exhaustive and such Code of Conduct may be amended by us at any time without notice.
Member's Obligation to Comply with 18 U.S.C. 2257
You should be aware that, pursuant to federal law, any visual depictions that you upload to and/or stream through the Platform that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §2256 (2)(A)(i)-(v) and 18 U.S.C. §2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.
The Platform contains an option for users to give Credits to other users and for certain users to receive such Credits. Users who are capable of receiving Credits are known as "Independent Performers". In order to become a Independent Performer, a user must provide certain age verification documentation. In the event that a Independent Performer is terminated from using the Platform due to a breach or suspected breach of this Agreement in addition, including providing false documentation to Platform, to our rights under this Agreement any and all Credits in the Independent Performer's account will be deemed forfeited to the Platform as partial compensation to the Platform for investigating and/or identifying the actual or alleged breach. In addition to providing certain age verification documentation, all Independent Performers will be subject to our payment terms and conditions which will be made available to all interested users during the process of changing the user's account status. Independent Performers and not employees of the Platform and the Platform does not and does not undertake any duty to supervise any Independent Performer's activity through the Platform at any time.
Information You Share
You are solely responsible for any information you share with any user either through the Platform or otherwise and you specifically acknowledge that any information you share with another user should be considered public information. We have no control and take no responsibility for any information you share with any user which is then used, shared, or in any way allegedly or actually misused. In such event, you acknowledge that your dispute will be directly with the user you believe to be responsible.
Privacy and Use of Information By Us
As more fully set forth in our Privacy Statement, we will not resell your personal information to any third party.
Your Representations and Warranties
By using the Platform, you represent and warrant the truth and accuracy of each of the following:
Video and Image Purchases
The Platform offers the ability for Independent Performers to post on their profiles videos and/or images selected by the applicable Independent Performer determines for purchase by other users. You acknowledge that any purchase by you of any such video(s) and/or image(s) (the "Purchased Content") is at your own risk and the Platform makes no representations about the legality, suitability, enjoyability or any other quality of any such Purchased Content. You hereby release the Platform, it's directors, shareholders, attorneys, affiliates, successors, assigns, officers, employees and agents from any and all claims arising out of or in any way related to the Purchased Content.
Waiver of Claims
You acknowledge that you cannot bring legal action against the us or any of our employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Platform.
Because we respect the intellectual property rights of third parties, each user represents and warrants to us that all content shared and/or streamed through their account is the user's own content. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act ("DMCA"). 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 Platform's Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) 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
(f) 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.
You may send your Notice of Claimed Infringement to:
Lawrence G. Walters
195 W Pine Ave
Longwood, FL 32750
Fax: (407) 774-6151
Please note that if you materially misrepresent that any content or activity is infringing your copyrights, you may be liable for damages (including costs and attorneys' fees).
DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT.
SEND ALL OTHER INQUIRIES TO: firstname.lastname@example.org. Please do not send other inquires or information to our Designated Agent.
Notification and Take Down Procedures
Upon receipt of a DMCA compliant notice of infringement, the subject content will be removed from the Platform and a notice will be sent to the responsible uploader. The uploader will then have the opportunity to submit a counter-notification, more fully detailed below, in compliance with the DMCA. Upon receipt of a counter-notification the applicable uploader will be permitted to reupload the subject content and a copy of the counter-notification will be sent to the original party claiming infringement. We follow the "notification and takedown" procedure described herein. In the event that a non-DMCA compliant notice is received, we reserve the right to remove the content and inform the responsible uploader; further, we reserve the right, but do not undertake the obligation to, communicate with the original complainant any response received from the responsible uploader. We have and observe a repeat infringer policy and will terminate the account of anyone on the Platform who violates such policy.
DMCA Counter-Notification Procedure
Upon receipt of a DMCA compliant notice of infringement, we will inform the responsible uploader (the "Uploader") of such claim, including, at our election, providing a copy of the claim of infringement. At that time, if the Uploader believed that the claim of infringement is erroneous or false, and/or that the allegedly infringing content has been wrongly removed in response to such claim, the Uploader shall have the opportunity to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations that may cause any claims to be brought against us relating to the content.
To submit a counter-notification, please provide our designated DMCA agent the following information:
The foregoing may be sent by mail, overnight courier, or fax to our DMCA agent using the following contact information:
Lawrence G. Walters
195 W. Pine Ave.
Longwood, FL 32750-4104
Fax: (407) 774-6151
DO NOT SEND ANY OTHER INFORMATION OR MATERIAL OUR DMCA AGENT. PLEASE SEND ALL OTHER INQUIRIES TO: email@example.com
We reserve the right to modify, alter or add to this policy, including our internal repeat infringer policy.
The Platform contains information, which is proprietary to us and/or users of the Platform. We assert full copyright protection in the Platform. Any information posted by us or users of the Platform may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. You are hereby granted a license to access and view the Platform contingent upon your full compliance with each term of this Agreement. You agree not to use, publish or otherwise share any of the information or images contained in or on the Platform for any reason. You agree that you will not at any time use any or all of the images and/or information on this Platform for any reason or purpose other than your personal, non-commercial use.
No Account Sharing
Each account created on the Platform must only be for the use of one individual. No user may share, transfer or otherwise make available to any third party such user's account with anyone else. You are responsible for all usage, activity, purchases and Credits usage on the Platform. All accounts and Credits purchased are non-transferable.
You may purchase Credits using any of our available purchase methods, such as, by way of example only, credit card, bankcard or ACH. At the time you purchase Credits you will be provided with a variety of purchase options which may include discounts for higher purchases of Credits. Please note that other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use any Credits through the Platform, you have no right or title in or to any such Credit. We reserve the right to manage, regulate, control, modify and/or eliminate such Credits as we may determine in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Credits may not be transferred without our prior, explicit written authorization for such transfer. Except as expressly provided otherwise herein, Credits may not be used for any "real-world" purpose including, by way of example only, trade, sale, or service outside of our Platform. You agree that all purchases of Credits are "final sale" and no refund will be given in the event either you or we terminate your account. In the event that you make any Credits purchase and thereafter such purchase is declined, charged back or otherwise returned to you and we believe such action to be based upon fraud, you will be responsible to us for the return of all such moneys and, in the event we determine to institute legal proceedings against you for the return of such moneys, you shall be liable to us for all costs incurred by us in connection with such collection efforts including all fees, costs and attorneys fees.
When you purchase a one-month subscription, your subscription will automatically renew unless cancelled before the expiration of your current purchase. Upon your initial purchase, you will receive a one-time bonus of two hundred tokens. Once received, you will not be eligible to receive this bonus again. Your subscription will renew at the rate of US$19.95 per month. The date of your automatic renewal will be the day after the last day of your membership purchase. You may cancel your membership at any time during purchase to avoid your membership automatically renewing by contacting our customer service department through email. For all initial purchases, you will receive an email receipt upon successful completion of your initial purchase. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a cardholder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time.
The Platform must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of Platform and/or the Third Party Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Platform must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, Pakistan, Saudi Arabia, and Syria, or any other country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Platform and, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
The Platform is distributed and made available on an "as is" basis. We do not warrant that the Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Platform. Where permitted by law, you acknowledge that the Platform is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Platform is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code § 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
NO WARRANTIES, LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE NUMBER, AS WELL AS THE THIRD PARTY SERVICE, IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PLATFORM AND SITE ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE PLATFORM 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 PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEPHONE AND/OR 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 THE SITE'S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MONEYS YOU HAVE PAID US.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Any disputes arising under or in connection with this Agreement (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 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 we hereby waive to the fullest extent permitted by law, any right to bring a 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. It is the intent of the parties that any dispute between the parties will be considered on an individual claim(s) basis, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
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. Any arbitration shall take place in Miami-Dade County, Florida, exclusively, unless otherwise agreed to by the parties in writing.
Cancellation By User
Termination by Us
We may, in our sole discretion, without advance notice, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or in the event that we determine to cease operating the Platform. You hereby agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Platform. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. You agree that if your account is terminated by us, you will not attempt to re-register as a member without prior written consent from us.
Effect of Termination or Cancellation
In the event that your account is terminated or cancelled for any reason, effective immediately you will no longer have access to the non-public areas of the Platform nor will you be able to utilize any Number or any Credits. Any Credits left in your account will be deemed forfeited to us and you will not be compensated for same.