1. ACCEPTANCE
By using and/or visiting the Upvotes.pro website (collectively, including but not limited to all
Content, Uploads and User Submissions available through Upvotes.pro,
"Upvotes.pro", the website) you agree to the terms and conditions contained herin and the terms
and conditions of Upvotes.pro'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 Upvotes.pro.
The terms and conditions of this Agreement are subject to change by Upvotes.pro 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 Upvotes.pro.
The terms and conditions contained herein apply to all users of Upvotes.pro whether a 'visitor'
or a 'member' and you are only authorized to use Upvotes.pro if you agree to abide
by all applicable laws and be legally bound by the terms and conditions of this Agreement.
2. DESCRIPTION
The Upvotes.pro 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, Upvotes.pro contains video content, information
and other materials posted/uploaded by users. Upvotes.pro allows its users to view the Content
and Website subject to the terms and conditions of this Agreement.
The Upvotes.pro website may also contain certain links to third party websites which are in no
way owned or controlled by Upvotes.pro. Upvotes.pro assumes no responsibility for the
content, privacy policies, practices of any and all third party websites. Upvotes.pro cannot
censor or edit the content of third party sites. You acknowledge that Upvotes.pro will not be
liable for any and all liability arising for your use of any third-party website.
Upvotes.pro is for your personal use and shall not be used for any commercial
endeavor except those specifically endorsed or approved by Upvotes.pro. Any illegal
and/or unauthorized use of Upvotes.pro is prohibited including but not limited to collecting
usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the
Upvotes.pro 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 Upvotes.pro.
You agree that you shall not (nor others using your account) post, upload, publish, transmit or make
available in any way on Upvotes.pro 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 Upvotes.pro 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 Upvotes.pro 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 Upvotes.pro
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 Upvotes.pro
in any way that exposes Upvotes.pro to criminal or civil liability.
You agree that Upvotes.pro 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 Upvotes.pro 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
Upvotes.pro, 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. Upvotes.pro 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 Upvotes.pro or features that prevent or restrict use or copying
of any Content or enforce limitations on use of the Upvotes.pro Website or the Content therein.
6. USER SUBMISSIONS
Upvotes.pro 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, Upvotes.pro does not guarantee any confidentiality with respect to
any submissions.
Upvotes.pro allows/permits you to link to materials on the Website for personal, non-commercial
purposes only. More over, Upvotes.pro 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 Upvotes.pro website on the
pages containing the Embeddable Player. Upvotes.pro reserves the right to discontinue any aspect
of the Upvotes.pro 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 Upvotes.pro 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
Upvotes.pro, you hereby grant Upvotes.pro 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 Upvotes.pro Website and
Upvotes.pro's (and its successor's) business, including without limitation for promoting and
redistributing part or all of the Upvotes.pro Website (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each user of the Upvotes.pro
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 Upvotes.pro 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 Upvotes.pro all
of the license rights granted herein;
-
publish falsehoods or misrepresentations that could damage Upvotes.pro 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.
Upvotes.pro does not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and Upvotes.pro expressly disclaims any and all liability in connection with
User Submissions. Upvotes.pro does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and Upvotes.pro will remove all Content and User
Submissions if properly notified that such Content or User Submission infringes on another's intellectual
property rights. Upvotes.pro reserves the right to remove Content and User Submissions without
prior notice or delay. Upvotes.pro 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,
Upvotes.pro 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. Upvotes.pro 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 Upvotes.pro, you will be exposed to
User Submissions from a variety of sources, and that Upvotes.pro 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 Upvotes.pro with respect thereto, and agree to
indemnify and hold Upvotes.pro, 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 Upvotes.pro 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
Upvotes.pro network or services at any time, for any reason, or for no reason at all, with or
without notice.
Upvotes.pro provides its website as a service to its users. However, Upvotes.pro
assumes no responsibility whatsoever for monitoring the Upvotes.pro Services for inappropriate
content or conduct. If at any time Upvotes.pro chooses, in its sole discretion, to monitor the
Upvotes.pro Services, however, Upvotes.pro 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. Upvotes.pro 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 Upvotes.pro to use, reuse,
post, publish or upload any User Submissions on any other website owned or controlled by
Upvotes.pro or on any website with whom Upvotes.pro 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. Upvotes.pro 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 Upvotes.pro will be terminated if, under appropriate conditions, the User is
determined to infringe repeatedly. Upvotes.pro 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. Upvotes.pro 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
Upvotes.pro 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 Upvotes.pro. Upvotes.pro shall not condone child pornography and will
cooperate with all governmental agencies that seek those who produce child pornography.
9. FEES
You acknowledge that Upvotes.pro reserves the right to charge for Upvotes.pro
services and to change its fees from time to time in its discretion. Further more, in the event
Upvotes.pro 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 Upvotes.pro to
participate in the Upvotes.pro 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 Upvotes.pro, you must agree to the terms of Upvotes.pro'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 Upvotes.pro with
regard to its users may be disclosed in accordance with the Upvotes.pro Privacy Policy.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE Upvotes.pro WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, Upvotes.pro, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR
USE THEREOF. Upvotes.pro 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,
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
Upvotes.pro WEBSITE. Upvotes.pro DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE Upvotes.pro WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND Upvotes.pro 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
Upvotes.pro 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 Upvotes.pro, 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 Upvotes.pro
WEBSITE, 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
Upvotes.pro 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 Upvotes.pro, 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 Upvotes.pro 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
Upvotes.pro 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 Upvotes.pro 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.
