18 U.S.C. § 2257 Statement
Any actual human beings depicted in images appearing on this website were over the age of 18 years at the time those images were recorded.
Exemption: Content Produced by Third Parties
The operators of this website are not the "producers" of any depictions of actual or simulated sexually explicit conduct which may appear on this website. More specifically, the operators of this website limit their handling of such content, and only perform the activities of transmission, storage, retrieval, hosting, and/or formatting of material that may depict sexually explicit conduct, all of which material appears on the website as the result of actions taken by third-party users of the website. All portions of the website that contain such user-generated material are under the control of the relevant user, for whom this website is provided as an online service by its operators. Pursuant to 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the operators of this website reserve the right to delete materials appearing on the site as the result of actions taken by the website's users, which materials are deemed, in the operator's sole discretion, to be indecent, obscene, defamatory, or inconsistent with the policies and terms of service for this website.
Exemption: Content Produced by Website Operators
To the extent that any images appear on the website, for which the operators of this website may be considered the "producer," those images are exempt from the requirements of 18 U.S.C. § 2257 and 28 C.F.R. § 75 for one or more of the following reasons: (i) the produced images do not portray any sexually explicit conduct defined in 18 U.S.C. §§ 2256(2)(A); (ii) the produced images do not portray depictions of the genitals or pubic area created after July 27, 2006; (iii) the produced images do not portray simulated sexually explicit activity occurring after the effective date of 18 U.S.C. § 2257A; and/or (iv) the produced images were created prior to July 3, 1995.
Designated Records Custodian
Without limiting in any way the applicability of the above-stated exemptions, the operators of this website have designated the custodian, whose address appears below, to be the keeper of original records described in 18 U.S.C. § 2257 and 28 C.F.R. § 75 for all materials appearing on this website that fall into the following categories: (i) marketing and advertising materials that contain visual depictions of actual or simulated sexually explicit conduct, which materials have been acquired or created by the website's operators for the purpose of promoting the website; or (ii) materials that are not exempt, as described above.
The aforementioned records and their custodian can be found at the following location:
Custodian of Records
Suite 9, Ansuya Estate,
Nothing further follows.
Terms of Service
Last Updated: 04/07/2014
Welcome to totallyhard.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 Foshan Limited, 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.
1. Your Acceptance
From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this 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.
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.
Sexually Explicit Material and Minors
This Site contains information, links, images, audio, and videos of sexually explicit material (collectively, the "Sexually Explicit Material"). Please leave the Site immediately if:
- You are not at least Eighteen (18) years of age or the age of majority in each and every jurisdiction in which You will or may view the Sexually Explicit Material, whichever is higher (the “Age of Majority”);
- the Sexually Explicit Material offends You; or
- viewing the Sexually Explicit Material is not legal in each and every community where You may view it.
By choosing to enter and continue to utilize the Site, you are affirming under oath and penalties of perjury that all of the following statements are completely true and correct:
- I have attained the Age of Majority in my jurisdiction;
- The Sexually Explicit Material that I am viewing is for my own personal use and entertainment and I will not expose any minor to the Sexually Explicit Material;
- I desire to receive, view and/or download the Sexually Explicit Material;
- It is my legal right to receive, view, and/or download the Sexually Explicit Material;
- I believe that sexual acts between consenting adults are neither offensive nor obscene and I desire to view and/or download the Sexually Explicit Material;
- The viewing, reading and downloading of Sexually Explicit Material does not violate the standards of any community, town, city, state or country where I will be viewing, reading and/or downloading the Sexually Explicit Material;
- I am solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any of the Sexually Explicit Material. I further agree that neither the Site nor its affiliates, agents and operators can or will be held responsible for any legal ramifications arising from any fraudulent entry into or use of the Site;
- I agree that by entering the Site, registering to become a member, viewing and/or downloading any of the Sexually Explicit Material, I am subjecting myself, and any business entity in which I have any legal or equitable interest, to the personal jurisdiction of the Republic of Seychelles, should any dispute arise at any time between the Site, myself and/or such business entity; and
- I agree that the Sexually Explicit Materials displayed on the Site are intended to be used by responsible adults as sexual aids, to provide sexual education and to provide sexual entertainment.
3. Account Access and Membership
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.
Membership or 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 member 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 membership 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.
Premium Upgrade Certain features of the Site are offered in consideration of You paying a monthly fee. Our current and controlling premium upgrade rates appear on the Site. You will be automatically rebilled according to Your selected payment option for an amount equal to the membership rate that you selected.
By purchasing a premium upgrade, you understand and agree to the following:
- that We employ an automatic rebill procedure in order to provide continuity of service;
- that all of the information that You provide Us during the signup/registration process, and in any other interaction with Us, shall be truthful, correct, current and complete;
- that if any of the information that You provide Us during the signup/registration process is false, misleading, incomplete, or inaccurate, Your membership shall be immediately terminated and You shall be responsible for any costs and/or expenses of any kind that We incur as a result of your breach of this provision;
- that We have the unrestricted right to terminate Your membership at any time for any reason whatsoever;
- that You will never, sell, transfer, lend, or lease Your membership to any third party;
- that We may automatically generate invitations to complete membership application for Our other partner or affiliated websites when You register for membership with the Site (You will not be charged for Our other partner of affiliated websites unless You affirmatively choose to complete their membership application and complete their registration process);
- that all membership fees paid to the Site are non-refundable and You are solely responsible for any and all credit card charge back fees, dishonored check fees and any related fees that We incur with respect to Your account; and
- that if You believe that You have been erroneously billed, You must notify Us immediately. If You do not notify Us of a billing error within Thirty (30) days after any alleged billing error appears on any account statement, such fee(s) shall be deemed acceptable by You for all purposes, including but not limited to, resolution of inquiries made by Your credit card issuer. You hereby 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 publications.
Termination of Your Membership or User Account -
You may cancel Your membership at any time by visiting this link: http://www.customerhelponline.com. This Agreement's provisions shall survive its termination, unless otherwise stated. Upon Our processing of Your request to cancel Your member account, You will no longer have access to the non-public areas of the Site to which You were a member.
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:
- We believe, in Our sole discretion, that You have breached any material term of this Agreement or the document(s) it incorporates by reference;
- We are unable to verify or authenticate any information You provide to Us;
- We believe, in Our sole discretion, that Your actions may cause legal liability for You, Our Users or Us; or
- 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. If applicable, You are responsible for any credit card charge-backs, dishonored checks and any related fees that Site incurs with respect to Your account. If You fail to reimburse Us for any credit card charge-backs, dishonored checks, or related fees within thirty (30) days of Our initial demand for reimbursement, You agree that You will pay Us one hundred dollars ($100.00) in additional liquidated damages as well as any costs incurred by Us for each fee incurred.
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.
4. General Use of the Service Permissions and Restrictions
We hereby grant You permission to access and use the Services as set forth in these Terms of Service, provided that:
- 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);
- You agree not to alter or modify any part of the Services;
- 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;
- You agree not to use the Services for any of the following commercial uses unless you obtain Our prior written approval:
- the sale of access to the Services;
- the sale of advertising, sponsorships, or promotions placed on or within the Services or Content; or
- 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.
- Prohibited commercial uses do not include:
- uploading an original video to the Site, or maintaining an original channel on the Site, to promote Your business or artistic enterprise;
- showing Our videos through Our embeddable player on an ad-enabled blog or website, subject to the advertising restrictions set forth above; or
- any use that We expressly authorizes in writing.
- 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;
- 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
- In Your use of the Service, you will comply with all applicable laws.
- We reserve the right to discontinue any aspect of the Services at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to Your use of Content.
- 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;
- 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;
- 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
- 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.
6. Your Content and Conduct
- As a totallyhard.com account holder, You may submit Content to the Services, including videos and user comments. You understand that totallyhard.com does not guarantee any confidentiality with respect to any Content You submit;
- 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;
- 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;
- 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;
- 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, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations; and
- 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.
7. Account Termination Policy
- We will terminate a user's access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.
- 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.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, totallyhard.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. totallyhard.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. totallyhard.com 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 totallyhard.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.
9. Limitation of Liability
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 totallyhard.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.
11. Ability to Accept Terms of Service
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.
12. Jurisdiction and Choice of Law
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.
14. Force Majeure
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.
19. Complete Agreement
Nothing further follows.
Last Updated: May 25th, 2018
We use your personal data for many reasons, from understanding how our users engage with and use our site to making informed decisions about our marketing and advertising.
These are the main reasons why we collect and use data about our users:
- To provide quality content;
- To provide the services you sign up for, such as subscriptions;
- To carry out marketing analysis and send you communications when we have your permission, or when permitted by law
- To enable us to show advertisements on our sites.
We think carefully about our use of personal data, and below you can find the details of what we do to protect your privacy. This policy covers, among other topics :
- Information about your rights and our obligations
- Clarity about our dealings with you and transparency about how we collect and use your personal data
- Commitments on how we protect your personal data
- Commitments on how we will facilitate your rights and respond to your questions.
We will continue to examine how we can provide more clarity to our users about our use of data.
Personal data is any information about you by which you can be identified. This can include information such as:
- your name, date of birth, email address, postal address, phone number, mobile number;
- credit card and debit card details;
- information about your device (such as the IP address, which is a numerical code to identify your device that can provide information about the country, region or city where you are based); and
- information relating to your personal circumstances and how you use our sites, apps and services.
Who we are and how to contact us
The data controller for our sites and apps is Foshan Ltd. Suite 9, Ansuya Estate, Revolution Avenue, Victoria, Mahe, Seychelles. This means that we are responsible for deciding how and why we hold and use your personal data. If you want to contact us, you can find our contact details in the "How to contact us" section below.
What personal data we collect and how we use it
We collect personal data when you sign up for our services and when you browse our sites or use our apps. This information is used to provide our site and other services, display advertising and analyze how visitors use our sites or apps.
The personal data we collect when you register for an account with our site.
- your email address;
- your username
- your photograph, if you add one to your profile page.
When you register for an account, we assign you a unique ID number that we use to recognize you when you are signed in to use our services. This will recognize you if you sign in using the same account on a new device or through a different application.
- your IP address - a numerical code to identify your device and which can provide information about the country, region or city where you are based;
- your browsing history of the content you have visited on our sites, including information on how you were referred to our sites via another website; and
- details of your devices, for example, the unique device ID, unique advertising ID and browsers used to access our content.
Some of our services, may give you the option of providing more information about your preferences, so that we can tailor your experience. Signing up for membership may also mean you need to provide other details such as your address details. Signing up to one of our affiliate programs will mean you need to provide sufficient details such as a bank account number so that we can pay you.
We will not collect special categories of data - such as information about your race, political opinions, religion, health or sexual orientation - unless you have chosen to provide that information to us.
Posting comments on our sites
When you post information on a discussion board or comment publicly on an article on one of our sites, the information you post and your username are publicly accessible. This information can be viewed online and collected by other people. We are not responsible for the way these other people use this information. When contributing to a discussion, we strongly recommend you avoid sharing any personal details, and especially information that can be used to identify you directly such as your name, age, address and name of employer. We are not responsible for the privacy of any identifiable information that you post in our online community or other public pages of the site.
Using our apps
Our app uses information on the content you have viewed. You can delete this history in the settings of the app. Information on what you have viewed in the app and information on bugs and crashes is also sent to us. You can choose to receive notifications on your mobile device via the app. You can manage these notifications in the settings of the app.
How we collect personal data
We collect personal data when you:
- register an account on our site;
- register as a webmaster with our affiliate program;
- submit a domain to our parking platform;
- pay for a membership;
- enter our competitions and surveys;
- sign up to our email list;
- post in our online community;
- sign up for marketing communications;
- use mobile devices to access our content;
- access our sites, through cookies and other similar technology; and
- when you contact us via email, social media, our apps or similar technologies or when you mention us on social media.
Why we use your personal data
We use personal data collected through our sites and apps for a number of purposes, including the following:
- To provide the services you sign up for. We also use the personal data for related internal administrative purposes - such as our accounting and records - and to make you aware of any changes to our services.
- To send marketing communications when we have your permission, or when permitted by law.
- To personalize our services (for example, so you can sign in), remembering your settings, displaying personalized advertising as well as measuring how effective our online adverts are, recognizing you when you sign in on different devices and tailoring our marketing communications based on what you view on our site.
- To carry out marketing analysis, for example we look at what you have viewed on our sites and apps and what products and services you have bought (including what you have looked at and what products or services you have bought on our other platforms) to better understand what your interests and preferences are, and to improve our marketing by making it more relevant to your interests and preferences. You can opt out from having your personal data used for marketing analysis by emailing email@example.com.
- To improve our marketing communications, we use a similar technology to cookies to confirm whether you have opened a marketing email or clicked on a link in the email.
- To sell advertising space on our sites.
- For statistical purposes such as analyzing the performance of our sites and apps and to understand how visitors use them.
- To respond to your queries and to resolve complaints.
- To comply with applicable laws and regulations.
Access permissions that we ask from users of Our app
When you use our app, we ask for the following permissions to access particular functions of your mobile device:
- For the Android version, we ask for permission to access your contact details/profile on your mobile device, so that we can add or find your Account on your phone.
- For the iOS version, we ask for permission to save pictures to your photo library, so that you can save pictures that you find in our articles on your mobile device.
Legal grounds for using your personal data
We will only use your personal data where we have a legal ground to do so. We determine the legal grounds based on the purposes for which we have collected and used your personal data. In every case, the legal ground will be one of the following:
- Consent: For example, where you have provided your consent to receive marketing emails from us. You can withdraw your consent at any time. In the case of marketing emails you can withdraw your consent by clicking on the "unsubscribe" link at the bottom of the email or through your email preferences in the "emails and marketing" tab, when signed into your Account.
- Our legitimate interests: Where it is necessary for us to understand our users, promote our services and operate our sites and apps efficiently for the creation, publication and distribution of news, media and related content both online and in print form, globally. For example, we will rely on our legitimate interest when we analyze what content has been viewed on our sites and apps, so that we can understand how they are used. It is also in our legitimate interest to carry out marketing analysis to determine what products and services may be relevant to the interests of our readers. You can opt out from having your personal data used for marketing analysis by emailing firstname.lastname@example.org.
- Performance of a contract with you (or in order to take steps prior to entering into a contract with you): For example, where you have purchased a membership from us and we need to use your contact details and payment information in order to process your order, or you have signed up to our affiliate program or hosted tube program and we needed to use your personal information to pay you.
- Compliance with law: In some cases, we may have a legal obligation to use or keep your personal data.
Updating your personal data and your profile page on our sites
When you register for an account with our site, you may have access to a profile page. Under "edit profile" you can review what information is public when you comment on our content, or if people look up your profile. You can also update your information or provide extra information if you want.
Personal data that we receive about you from other organizations
Adding to or combining the personal data you provide to us
When you sign up for our services we may add to the personal data you give us by combining it with information shared with us by other trusted organizations. This includes, for example, information about the region that you are located in, so that we can show you the prices for memberships or other products in your local currency. We may also obtain information from partners whose offers we include in some of our marketing communications and we use this information to ensure that we do not send you irrelevant marketing.
Data for persons under 18
This Website is not intended for minors. You will only access the Website or register if you are at least 18-years old and have reached the age of majority in the country where you live if that age happens to be greater than 18. We prohibit all persons who do not meet the age requirements from accessing the Website. Minors will not access the Website or use its services.
We do not knowingly collect any information about children, minors, or anyone under the age of majority. Nor do we knowingly market to children, minors, or anyone under 18-years old. If you are under 18-years old, we ask that you do not submit information to us. If we become aware that a child, minor, or anyone under 18-years old has registered with us and provided us with personal information, we will take steps to cancel that person's registration. If we do cancel a registration because you breached our no children rules, we may keep your email and IP address to make sure that you do not try to get around our rules by creating a new account.
In accordance with 47 U.S.C. § 230(d), we notify you that parental control protections (including computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which we provide for informational purposes only and do not endorse: CYBERsitterâ„¢ | Net Nanny® | CyberPatrol | ASACP.
Security of your personal data
We have implemented appropriate technical and organizational controls to protect your personal data against unauthorized processing and against accidental loss, damage or destruction. You are responsible for choosing a secure password when we ask you to set up a password to access parts of our sites or apps. You should keep this password confidential and you should choose a password that you do not use on any other site. You should not share your password with anyone else, including anyone who works for us. Unfortunately, sending information via the internet is not completely secure. Although we will do our best to protect your personal data once with us, we cannot guarantee the security of any personal data sent to our site while still in transit and so you provide it at your own risk.
Who we share your personal data with
We do not share your personal data with other people or organizations that are not directly linked or affiliated to us except under the following circumstances:
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- We may share your data with other organizations that provide services on our behalf such as dealing with online payments and other forms of payment processing, i.e. credit card transactions, online bank payments and preventing fraud.
- We may also share your data with our advertising partners, as set out in the section about Online Advertising below.
- We may reveal your personal data to any law enforcement agency, court, regulator, government authority or other organization if we are required to do so to meet a legal or regulatory obligation, or otherwise to protect our rights or the rights of anyone else.
Any organizations which access your data in the course of providing services on our behalf will be governed by strict contractual restrictions to make sure that they protect your data and keep to all data privacy laws that apply. We may also independently audit these service providers to make sure that they meet our standards.
We will not share your personal data with anyone else for their own marketing purposes unless we have your permission to do this.
Some of our webpages use social plug-ins from other organizations (such as the "Facebook Recommend" function, Twitter's retweet function, Google+ function). These other organizations may receive and use personal data about your visit to our sites or apps. If you browse our site or view content on our apps, information they collect may be connected to your account on their site. For more information on how these organizations use personal data, please read their privacy policies.
Third Party-Payment Processors
International data transfers
Whenever we transfer your personal data out of the European Economic Area (EEA), we ensure similar protection and put in place at least one of these safeguards:
- We will only transfer your personal data to countries that have been found to provide an adequate level of protection for personal data.
- We may also use specific approved contracts with our service providers that are based in countries outside the EEA. These contracts give your personal data the same protection it has in the EEA .
- Where we use service providers in the United States, we may transfer personal data to them if they are part of the Privacy Shield scheme, which requires them to provide a similar level of protection of your personal data to what is required in the EEA.
If you are located in the EEA, you may contact us for a copy of the safeguards which we have put in place for the transfer of your personal data outside the EEA.
How long we keep your personal data
How we may contact you
From time to time we may send you service emails, for example, telling you your membership is coming to an end or thanking you when you contribute or place an order with us.
Marketing communications and editorial newsletters
If we have your permission, we may send you materials we think may interest you, such as offers and updates. Depending on your marketing preferences, this may be by email, phone, SMS or post.
You can decide not to receive these emails at any time and will be able to "unsubscribe" directly by clicking a link in the email or by emailing email@example.com.
Responding to your queries or complaints
If you have raised a query or a complaint with us, we may contact you to answer your query or to resolve your complaint.
Cookies and similar technology
When you visit our sites or when you use our apps, we may collect personal data from you automatically using cookies or similar technology. A cookie is a small file that can be placed on your device that allows us to recognize and remember you.
Advertising on our sites that is based on cookies and similar technology
We use personalized online advertising on our sites. This allows us to deliver more relevant advertising to people who visit our site. It works by showing you adverts that are based on your browsing patterns and the way you have interacted with our sites and apps. It then shows you adverts which we believe may interest you.
When you browse our sites or use our apps, some of the cookies and similar technology we place on your device are advertising cookies, so we can understand what sort of pages you are interested in. We can then display advertising on your browser based on these interests.
We do not collect or use information such as your name, email address, postal address or phone number for personalized online advertising.
We may also share online data collected through cookies and similar technology with our advertising partners. This means that when you are on another website, you may be shown advertising based on your browsing patterns on our site. We may also show you advertising on our site based on your browsing patterns on other sites that we have obtained from our advertising partners.
Online retargeting is another form of online advertising that allows us and some of our advertising partners to show you advertising based on your browsing patterns and interactions with a site away from our sites.
For example, if you have visited the website of an online clothes shop, you may start seeing adverts from that same shopping site displaying special offers or showing you products you were browsing. This allows companies to advertise to you if you leave their website without making a purchase.
Advertising that we place on our site or on other sites
We also use personalized online advertising to promote our own products and services. This means that you may see advertising for our products and services on our sites and when you are on other, third party websites, including social media platforms.
Your rights with regard to the personal data that we hold about you
You can contact us with regard to the following rights in relation to your personal data:
- If you would like to have a copy of the personal data we hold on you or if you think that we hold incorrect personal data about you, please write to the Data Protection Officer at firstname.lastname@example.org. We will deal with requests for copies of your personal data or for correction of your personal data within one month. If your request is complicated or if you have made a large number of requests, it may take us longer. We will let you know if we need longer than one month to respond. You will not have to pay a fee to obtain a copy of your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.
- Where you have provided us with consent to use your personal data, you can withdraw this at any time.
- Where applicable, you may also have a right to receive a machine-readable copy of your personal data.
- You also have the right to ask us to delete your personal data or restrict how it is used. There may be exceptions to the right to erasure for specific legal reasons which, if applicable, we will set out for you in response to your request. Where applicable, you have the right to object to processing of your personal data for certain purposes.
- If you do not want us to use your personal data for marketing analysis, you can do so by emailing email@example.com.
If you want to make any of these requests, please contact firstname.lastname@example.org.
We may need to request specific information from you to help us confirm your identity.
Your California privacy rights
Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family or household purposes, you may ask us about the information we release to other organizations for their marketing purposes. To make such a request, please send an email to email@example.com with "Request for California privacy information" in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal data we revealed to other organizations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal data shared in this way is covered by Section 1798.83 of the California Civil Code.
Canada Privacy Rights
We comply with Canadian Federal and Provincial privacy laws and regulations including the Personal Information Protection and Electronic Documents Act.
Residents of Canada are notified that the personal information they provide to us is stored in our databases outside of Canada including in the United States and may be subject to disclosure to authorized law enforcement or government agencies in response to lawful demand under the laws of that country.
If you need to contact us about your personal information or believe that we have violated your privacy rights, please email us at firstname.lastname@example.org. You may visit www.priv.gc.ca for more information about your privacy rights.
Contact us for information about how we use your personal data
If you have any questions about how we use your personal data or if you have a concern about how your personal data is used, please contact the Data Protection Officer at email@example.com.
Complaints will be dealt with by the Data Protection Officer and will be responded to within 30 days.
If you are not satisfied with the way your concern has been handled, you can refer your complaint to the Information Commissioner's Office.
If you have a question about anything else, please contact us firstname.lastname@example.org.
What is a cookie?
A cookie is a small file that can be placed on your device that allows us to recognize and remember you. It is sent to your browser and stored on your computer's hard drive or tablet or mobile device. When you visit our sites, we may collect information from you automatically through cookies or similar technology.
- Keeping you signed in
- Understanding how you use our site
- Showing you media that is relevant to you
- Showing you products and services that are relevant to you
- Working with partners to serve you relevant advertising
Ultimately, this allows us to publish media you view on our sites and apps.
Other organizations also collect user information on our sites through cookies, tags and pixels. Tags and pixels, also known as web beacons, are similar to cookies but are collected through embedded images.
Using cookies and other technology allows other organizations to help us to analyze how our site is being used, measure the number of visitors to the site, and for display advertising.
Cookies that are used by us are referred to as "first-party cookies" and those that are used by our partners are "third-party cookies". Because of how cookies work, our website cannot access third-party cookies; nor can other organizations access the data in the cookies we use on our website. There are more details about both in the following sections.
What types of cookies do we use ?
We use four types of cookies, which we describe in this section.
- Essential â€" cookies that are essential to provide you with services you have requested. For example, these include the cookies that make it possible for you to stay logged into your account and make comments. If you set your browser to block these cookies, then these functions and services will not work for you. In particular, we won't be able to save your preferences about cookies.
- Performance - cookies which measure how often you visit our sites and how you use them. We use this information to get a better sense of how our users engage with our content and to improve our sites and apps, so that users have a better experience. For example, we collect information about which of our pages are most frequently visited, and by which types of users. We also use third-party cookies to help with performance. For example, the Google Analytics cookie gives us information such as your journey between pages and whether you have downloaded anything (details of how to opt out of it are below).
- Functionality â€" cookies that are used to recognize you and remember your preferences or settings when you return to our site, so that we can provide you with a more personalized experience. A mix of first-party and third-party cookies are used.
- Advertising â€" cookies that are used to collect information about your visit to our site, the content you have viewed, the links you have followed and information about your browser, device and your IP address. We have set out more details on this below.
Cookies are a key part of how we deliver advertising on our sites. Among other uses, they allow us to show more relevant advertising to people who visit our site by showing you adverts that are based on your browsing patterns and the way you have interacted with our sites and apps. We can then show you adverts which we believe may interest you.
As you browse our site, some of the cookies and similar technology we place on your device are for advertising, so we can understand what sorts of pages you read and are interested in. We can then display advertising on your browser based on these interests.
The advertising techniques we use do not collect information such as your name, email address, postal address or phone number. We sometimes use information such as your IP address and browser type and also sometimes share some limited aspects of this with third parties for advertising purposes.
We may also share online data collected through cookies and similar technology with our advertising partners. This means that when you are on another website, you may be shown advertising based on your browsing patterns on our site. We may also show you advertising on our site based on your browsing patterns on other sites that we have obtained from our advertising partners.
How to manage advertising cookies
You can switch some cookies off through the Your Online Choices site. You may need to do this again each time you use a different IP address or device.
It is also possible to stop your browser from accepting cookies altogether by changing your browser's cookie settings. You can usually find these settings in the "options" or "preferences" menu of your browser. The following links may be helpful, or you can use the "Help" option in your browser.
- Cookie settings in Internet Explorer
- Cookie settings in Firefox
- Cookie settings in Chrome
- Cookie settings in Safari web and iOS
If you would like to find out more about privacy, cookies and their use on the internet, you may find the following links useful:
If you would like to contact us about cookies please email email@example.com.
Digital Millenium Copyright Act (“DMCA”)
Copyright Infringement Notification Instructions
Thank you for visiting our website (the "Website"). These Copyright Infringement Notification Instructions are for copyright related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, please email us at firstname.lastname@example.org.
By utilizing the Website 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 Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. § 512(k), ANY PERSON WHO KNOWINGLY MATERIALLY MISPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Bill Text of the Digital Millenium Copyright Act (“DMCA”), you may click HERE or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE. The information contained at the afore-mentioned linked webpages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. §512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
Claim of Infringement-
If you believe that someone has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to us and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. §512(c)(3); if you do not understand the language please seek independent legal advice):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Please send your Claim of Infringement to:
Failure to submit copyright infringement notifications as described above will result in no legal notice or action on behalf of Foshan Limited.
Claim of Infringement Counter-Notification-
If you have received a Copyright Infringement Notification and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter- notification. 17 U.S.C. §512 (g)(3) requires that to be valid, the counter-notification must be written and addressed to our designated agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
Identification of the specific URLs of material that the Website has removed or to which the Website has disabled access;
Your full name, address, telephone number, and email address;
The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Website is located, and will accept service of process from the claimant";
The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
Signature. A scanned physical signature or a valid electronic signature will be accepted.
Our designated agent will present your counter-notification to the Complaining Party. Once your counter- notification has been delivered, Foshan Limited, is allowed under the provisions of 17 U.S.C. §512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on Foshan Limited's system or network.
Please note that when we forward the counter-notification to the Complaining Party, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way.
Foshan Limited is not required to respond to counter-notifications that do not meet the requirements above.
Claim of Infringement Retractions-
In the event that after you submit a Copyright Infringement Notification, you realize that you have either misidentified content, failed to comply with the requirements of the DMCA or that you simply changed your mind, you may retract your Copyright Infringement Notification by sending us a Notification of Retraction with all of the following:
A statement indicating that you are retracting your Copyright Infringement Notification;
The complete and specific URL of the material in question;
An electronic signature; and
A copy of your original Copyright Infringement Notification.
This Website terminates the account(s) of any repeat copyright infringer, when appropriate and maintains a Repeat Infringer Policy pursuant to 17 U.S.C. § 512(i).
* * *
These Copyright Infringement Notification Instructions may be and shall be modified from time to time without notice. You are solely responsible for regularly reviewing these Copyright Infringement Notification Instructions.
Our Copyright Infringement Agent is not associated with this Website or the legal entity that controls this Website. Do not send any other information or material to our DMCA Agent.
Last Updated: 06/07/2013
Without our express written authorization, You may not:
- Upload, post, or otherwise make available files or products that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents to do same;
- Upload, post, email or otherwise transmit any submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm or unlawfully exploit minors in any way (including but not limited to uploading, posting, emailing, or otherwise transmitting any submission involving a minor);
- Upload, post, email otherwise transmit any submission depicting animal cruelty;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Forge headers or otherwise attempt to disguise the origin of any submission transmitted through the totallyhard.com;
- Upload, post, email or otherwise transmit any submission that You do not have a right to transmit under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that We may designate for such purpose;
- Interfere with or disrupt totallyhard.com, or servers or networks connected to totallyhard.com, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing totallyhard.com;
- Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
- "Stalk" or otherwise harass another member or User of totallyhard.com;
- Collect or store personal data about other Users, or Members, including via the use of any data mining, bots, or similar data gathering and extraction tools;
- Duplicate any part of totallyhard.com or the materials contained therein or received via the Services (except as expressly provided elsewhere);
- Create any derivative works based on totallyhard.com or any of the materials contained therein or received via the Services, and You agree and stipulate that any and all derivative works are NOT "fair use";
- Use totallyhard.com or the Services, or any of the materials contained therein, for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT "fair use";
- Re-distribute or "scrape" totallyhard.com or any of the materials contained therein or received through the Services, and You hereby agree and stipulate that any and all such uses are NOT "fair use";
- Remove any copyright or other proprietary notices from totallyhard.com or any of the materials contained therein;
- Frame or utilize any framing techniques in connection with totallyhard.com or any of the materials contained therein;
- Use any meta-tags or any other "hidden text" using totallyhard.com's name or marks, and You hereby stipulate that any use of totallyhard.com's name or marks, or any other marks owned by Us is an infringement upon Our trademark rights, and You stipulate to liquidated damages of five thousand dollars ($5,000) per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs;
- Circumvent any encryption or other security tools used anywhere on totallyhard.com or in conjunction with the Services (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of totallyhard.com);
- Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials or Services or any of Your rights to access and use the materials or Services as granted specifically by totallyhard.com's Terms of Service;
- Use Our Services for any commercial purpose unless expressly agreed to by Us in writing and at Our sole discretion. Without such consent by Us, Your use of the Site and Services is strictly for personal use;
- Share any information provided to You by another member unless such member has given you permission to do so;
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property or of totallyhard.com and Services;
- Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying the Services;
- Publish falsehoods or misrepresentations that could damage totallyhard.com or any third party;
- Post advertisements or solicitations of business;
- Use the Services in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Organize and/or participate in any funds transfer or any asset transfer arrangement organized by any member You meet on totallyhard.com;
- Request or send money, or any other form of financial assistance, from or to any member that You encounter on this Site;
- Harvest or otherwise collect information about others, including e-mail addresses or other personally-identifiable information;
- Create a false identity, including misrepresented real age, location, country of residence, country of origin, religion, height, weight, and any other item of personal description for the purpose of misleading others;
- Provide personal contact information such as email address, telephone numbers, street address or similar personally-identifying information in Your member profile or any other publicly-viewable posts.