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