TERMS OF SERVICE
1. Your Acceptance
1.1 By using and/or visiting this website (collectively, including all content and available through the WACKK.com domain name and any country-specific domains or subdomains thereof, the “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), and (2) WACKK 's privacy policy (the “Privacy Policy”), found at http://www.wackk.com/privacy.html and incorporated here by reference (“Agreement”). If you do not agree to any of these terms or the Privacy Policy, please do not use the Website. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.wackk.com/tos.html). HTV Media (as hereinafter defined) may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.2. Statement
2.1 HTV Media is not a producer (primary or secondary) of the content found on the Website. The Website is a video sharing site which allows for the uploading, sharing and general viewing of various types of adult content.2.2 The Website is owned and operated by HTV Media Inc., a body corporate duly incorporated pursuant to the laws of the Province of British Columbia (“HTV Media”).
3. The Website
3.1 These Terms of Service apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website.3.2 The 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, the Website contains video content, information and other materials posted/uploaded by users. The Website allows its users to view the content of the Website subject to the terms and conditions of this Agreement.
3.3 The Website may contain links to third party websites that are not owned or controlled by HTV Media. HTV Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any and all third party websites. In addition, HTV Media will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve HTV Media from any and all liability arising from your use of any third-party website.
3.4 Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
4. Access
4.1 In order to use this website, you affirm that you are at least 18 years 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 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. The Website is not intended for individuals under 18 years of age.5. Accounts
5.1 In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify HTV Media immediately of any breach of security or unauthorized use of your account.5.2 Although HTV Media will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HTV Media or others due to such unauthorized use.
6. General Use of the Website—Permissions and Restrictions
HTV Media hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:6.1 You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without HTV Media's prior written authorization.
6.2 You agree not to alter or modify any part of the Website, including but not limited to the Embeddable Player or any of its related technologies.
6.3 You agree not to access User Submissions (defined below) or Content through any technology or means other than the video playback pages of the Website itself, the Embeddable Player, or other explicitly authorized means HTV Media may designate.
6.4 You agree not to use the Website, including the Embeddable Player for any commercial use, without the prior written authorization of HTV Media. Prohibited commercial uses include any of the following actions taken without HTV Media's express approval: (a) sale of access to the Website or its related services (such as the Embeddable Player) on another website;
(b) use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
(c) the sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or Content;
(d) and any use of the Website or its related services (such as the Embeddable Player) that HTV Media finds, in its sole discretion, to use HTV Media's resources or User Submissions with the effect of competing with or displacing the market for the Website, the Content, or its User Submissions. 6.5 Prohibited commercial uses do not include: (a) uploading an original video to the Website, or maintaining an original channel on the Website, to promote your business or artistic enterprise;
(b) using the Embeddable Player to show videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with the Website;
(c) any use that HTV Media expressly authorizes in writing. 6.6 If you use the Embeddable Player on your website, you must include a prominent link back to the the Website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
6.7 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Website’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, HTV Media 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. HTV Media 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 Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
6.8 In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
6.9 HTV Media reserves the right to discontinue any aspect of the Website at any time.
7. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.7.1 The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to HTV Media, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HTV Media reserves all rights not expressly granted in and to the Website and the Content.
7.2 You may access User Submissions solely: (a) for your information and personal use;
(b) as intended through the normal functionality of the Website; and
(c) for Streaming.
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available “as is.” 7.3 User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available “as is”, and may not be used, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, translated, published, performed or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
7.4 You may access the Content, User Submissions and other content only as permitted under this Agreement. HTV Media reserves all rights not expressly granted in and to the.
7.5 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, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
7.6 You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
7.7 You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that HTV Media 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 HTV Media with respect thereto, and agree to indemnify and hold HTV Media, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
8. Your User Submissions and Conduct
8.1 As an account holder you may submit video content (“User Videos”) and textual content (“User Comments”). User Videos and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, HTV Media does not guarantee any confidentiality with respect to any User Submissions.8.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant or covenant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize HTV Media to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in 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
(b) you will not submit, or allow anyone else to submit, any material that depicts any person under the age of 18 years and is engaged in or is depicted as engaged in explicit sexual activity 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; and
(c) you will not submit, or allow anyone else to submit, any 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. 8.3 For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Website, you hereby grant HTV Media 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 Website and its (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Website. You understand and agree, however, that HTV Media may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
8.4 In connection with User Submissions, you further agree that you will not 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 and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant HTV Media all of the license rights granted herein.
8.5 HTV Media does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and HTV Media expressly disclaims any and all liability in connection with User Submissions. HTV Media does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and HTV Media will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. HTV Media reserves the right to remove Content and User Submissions without prior notice.
8.6 HTV Media reserves the right to remove Content or User Submission for violations other than copyright infringement or privacy law, such as, but not limited to, obscene or defamatory material, or excessive length. HTV Media 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. This in no way derogates from the assertion that HTV Media does not monitor, and assumes no responsibility for monitoring, Content or User Submissions for inappropriate content or conduct.
9. Zero Tolerance
9.1 HTV Media 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 HTV Media. HTV Media does not condone child pornography and will cooperate with all governmental agencies that seek to prosecute those who produce child pornography.10. Account Termination Policy
10.1 HTV Media will terminate a User's access to its Website without prior notice and at its sole discretion.10.2 If your account is terminated you are prohibited from creating any new accounts.
11. Copyright Policy
11.1 HTV Media operates a clear copyright policy in relation to any User Submissions that are alleged to infringe the copyright of a third party. Details of that policy can be found here http://wackk.com/copyright_notice_plain.html.11.2 As part of HTV Media's copyright policy, HTV Media will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
12. Warranty and Condition Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HTV MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. HTV MEDIA MAKES NO WARRANTIES, CONDITIONS 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, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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 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 (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 WEBSITE. HTV MEDIA EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. HTV MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HTV MEDIA 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.13. Limitation of Liability
IN NO EVENT SHALL HTV MEDIA, 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, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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 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 (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 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, 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 HTV MEDIA 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.
The Website is controlled and offered by HTV Media from its facilities in Canada. HTV Media makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.