Terms of Service

DeathAddict.com Terms of Service

Effective Date: October 24, 2015

 

By using Death Addict/DeathAddict.com and its subdomain websites ("The Service", "The Site"), you signify that you have read, understand and agree to be bound by these Terms and conditions. You must be 18 years or older to use this Service. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person. A single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Death Addict/DeathAddict.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).

You know and understand that the materials presented at and/or downloadable from The Site include shocking content, such as explicit visual, audio, and/or textual depictions of nudity, violence and explicit sexual activities; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these terms and conditions you are warranting to us that you are intentionally and knowingly seeking access to such explicit materials for your own personal viewing.

 

Registration and Eligibility

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Death Addict/DeathAddict.com and represent, warrant and covenant that you provide Death Addict/DeathAddict.com with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Death Addict/DeathAddict.com account.

 

You shall not:

·         Create any account for anyone other than yourself without such person's permission;

·         Use a User Name that is the name of another person with the intent to impersonate that person;

·         Use a User Name or Death Addict/DeathAddict.com account that is subject to any rights of a person other than you without appropriate authorization;

You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Death Addict/DeathAddict.com password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Death Addict/DeathAddict.com in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service. Death Addict/DeathAddict.com is concerned about the safety and privacy of all its Users, especially children. Therefore, children under the age of 18 are not permitted to use DeathAddict.com. Death Addict/DeathAddict.com may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

 

Content and Conduct

Our Service allows you and other users to post, upload, link and otherwise make available Content. You are responsible for the Content that you make available to the Service, including its legality, reliability, and appropriateness. Death Addict/DeathAddict.com reserves the right to remove any Content for any reason whatsoever. Death Addict/DeathAddict.com also reserves the right to ban any individual uploader or website domain from using our services for any reason. When you post, link or otherwise make available Content to the Service, you grant us the right and royalty-free license to use, reproduce, modify, publicly perform, publicly display and distribute your Content on or through the Service (including via applications). We may format your Content for display throughout the Service, but we will not edit or revise the substance of your content itself.

 

You agree to not use the Service to upload, post, email, transmit or otherwise make available:

·         Content that is libelous, defamatory, bigoted, fraudulent or deceptive;

·         Content that is illegal or unlawful, that would otherwise create liability;

·         Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;

·         Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);

·         Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and

·         Viruses, corrupted data or other harmful, disruptive or destructive files or code.

You also agree that you will not do any of the following in connection with the Service or other users:

·         Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;

·         Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

·         Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service; and

·         Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

Release and Indemnity

Death Addict/DeathAddict.com cannot be held liable for any damages. All data, location information, photographs, videos, messages, graphics, comments, information, text, tags, or other materials generated, provided, or otherwise made accessible by Death Addict/DeathAddict.com on or through the Service ("Content"), are the sole responsibility of the person from whom such Content originated. You, and not Death Addict/DeathAddict.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through Death Addict/DeathAddict.com. Death Addict/DeathAddict.com does not control the Content posted and does not guarantee the accuracy or integrity of such Content. Death Addict/DeathAddict.com shall not be liable for any statements or conduct of any third party using the Service. By using Death Addict/DeathAddict.com you may be exposed to Content that is indecent, objectionable or offensive. Death Addict/DeathAddict.com will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. Death Addict/DeathAddict.com will not be liable 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 on Death Addict/DeathAddict.com. Death Addict/DeathAddict.com assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User content, communication or personal settings. You agree to indemnify and hold Death Addict/DeathAddict.com, its sole-owner, its voluntary moderation staff and affiliates exempt from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, post or otherwise make available through Death Addict/DeathAddict.com.

 

Third Party Sites and Services

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Death Addict/DeathAddict.com/DeathAddict.com’s control, and you acknowledge that Death Addict/DeathAddict.com is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Death Addict/DeathAddict.com or any association with its operators. You further acknowledge and agree that Death Addict/DeathAddict.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

 

Choice of Law and Forum

The Terms of Service and the relationship between you and Death Addict/DeathAddict.com shall be governed by the laws of the United States without regard to its conflict of law provisions. You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our members, voluntary staff, sole-owner or agents: (i) you will submit to the jurisdiction of the courts of the United States, and you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you. You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, members, voluntary staff, sole-owner or agents, shall be governed by and construed in accordance with the laws of the United States in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.

 

Choice of Law and Forum

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEATH ADDICT/DEATHADDICT.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DEATH ADDICT/DEATHADDICT.COM EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID DEATH ADDICT/DEATHADDICT.COM, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT DEATH ADDICT/DEATHADDICT.COM HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Copyright Complaints

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

·         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 you, such as an address, telephone number, and, if available, an electronic mail;

·         A statement that you have 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; and

·         A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Death Addict/DeathAddict.com/DeathAddict.com’s designated Copyright Agent to receive notifications of claimed infringement is:

DeathAddict.com

Attention: Copyright Agent

Email: [email protected]

 

You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.

 

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

·         Your physical or electronic signature;

·         Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

·         A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

·         Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New Jersey and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Death Addict/DeathAddict.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Death Addict/DeathAddict.com/DeathAddict.com’s sole discretion.

 

C. Repeat Infringers. Death Addict/DeathAddict.com will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.

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